IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 MACA. No. 933 of 2005() --------------------------------- OPMV. NO.1718/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM ......................................... APPELLANT(S): APPELLANTS/PETITIONERS. ------------------------------------------------------------------ 1. SANTHAKUMARI, PRASANTH HOUSE, ETTUMANOOR KARA, KOTTAYAM. 2. P.K.LAKSHMANAN PILLAI, PRASANTH HOUSE, ETTUMANOOR KARA, KOTTAYAM. 3. PRIYA.P.L. D/O.P.K.LAKSHMANAN PILLAI, PRASANTH HOUSE, ETTUMANOOR KARA, KOTTAYAM. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1 AND 3. ----------------------------------------------------------------- 1. JAYACHANDRAN.R., KUNAMKAROTE HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT. 2. M/S. BHARATHIYA INDUSTRIES LTD., 98, AVVI SHANMUGAM SALAI, CHENNAI 600 024. 3. THE NEW INDIA ASSURANCE CO. LTD., REGISTERED OFFICE- 87, M.G.ROAD, FORT, MUMBAI- 400 001. R3 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 933 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of December, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1718 of 2000 on the file of the Motor Accidents Claims Tribunal, Kottayam. They are the parents and sister of deceased Jayasree who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated February 23, 2004 awarding a compensation of Rs.55,000/- for the loss caused to them on account of the death of the deceased in that accident. 2. The accident happened while the deceased was travelling in a car bearing registration YN 01 K 6248 driven by the 1st respondent. When they reached near Kuzhalmannam, Palakkad the 1st respondent driver suddenly applied the brake, as a result of which the car overturned. Deceased Jayasree sustained serious injuries and she succumbed to the injuries sustained on June 27, MACA 933/2005 2 1999 while undergoing treatment in the hospital. Alleging negligence against the 1st respondent, the driver of the offending car, the claimants filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act, claiming a compensation of Rs.7,55,000/-. 3. Respondents 1 and 2, the driver and owner of the offending car, remained absent and were set ex parte by the Tribunal. The 3rd respondent, insurer of the offending car, filed a written statement, admitting the policy. Exts. A1 to A13 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs. 55,000/- with interest at the rate of 9% per annum from the date of petition till realization and a cost of Rs.2,000/-. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the MACA 933/2005 3 Tribunal that the accident occurred due to the negligence on the part of the 1st respondent, driver of the offending car, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation ? 6. The Tribunal awarded a minimum compensation of Rs.50,000/- for loss of dependency and a compensation of Rs..5,000/- for loss of love and affection. 7. The deceased was aged 26 at the time of the accident. She was a graduate in Horticulture. According to the claimants, she was employed in Canara Bank as an Agricultural Officer. Ext.A6 is the call letter for interview by the Banking Service Recruitment Board. The parents were aged 65 and 53 respectively at the time of the accident. The Tribunal observed that there were no actual dependents of the deceased and awarded a minimum compensation of Rs.55,000/-. This is disputed by the learned counsel for the claimants. 8. The 3rd claimant is unmarried. There is no evidence MACA 933/2005 4 to show that except the 3rd claimant, claimants 1 and 2 have any other children. Therefore, they are the legal heirs as well as dependents of the deceased and they are entitled to a compensation on account of the death of deceased Jayasree in the accident. Therefore, the finding of the Tribunal that the claimants are only entitled to a minimum compensation of Rs.50,000/- towards loss of dependency cannot be sustained. 9. The next question for consideration what is the enhanced compensation the claimants are entitled to. As the deceased was a graduate in Horticulture and also employed in Canara Bank as Agricultural Officer, we feel that her monthly income can reasonably be fixed at Rs.2,500/-, which comes to Rs.30,000/-. After deducting 1/3 for her personal expenses, balance amount of Rs.20,000/- can be taken as her annual contribution to her family. As the parents were aged 65 and 53 respectively, we feel that multiplier of 6 would be reasonable in this case. Thus, for the loss of dependency, the claimants are entitled to a MACA 933/2005 5 compensation of Rs.1,20,000/-. Thus, the claimants are entitled an additional compensation of Rs.70,000/- on this count. 10. The Tribunal awarded a compensation of Rs.5,000/- for loss of love and affection. Taking into consideration the age of the deceased and the age of the claimants, we feel that a compensation of Rs.25,000/- would be reasonable on this count. 11. The Tribunal did not award any compensation for pain and suffering, for funeral expenses and for medical expenses. The deceased died about 15 days after the incident. Therefore, we feel that a compensation of Rs.20,000/- for pain and suffering endured by the deceased, Rs.3,000/- for funeral expenses and Rs.10,000/- for medical expenses would be reasonable. 12. In the result, the claimants are found entitled to an additional compensation of Rs.1,23,000/- with interest 9% p.a. from the date of petition till realization and proportionate costs. The 3rd respondent Insurance MACA 933/2005 6 Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.