IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 MACA.No. 1756 of 2005() ----------------------- OPMV.185/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONERS ------------------------ 1. POOKODAN KUNHAN, AGED 65 YEARS, S/O.CHATHAN, POOKODAN HOUSE, NARANGAMOOLA, PALANGARA P.O., NILAMBUR TALUK, MALAPPURAM DIST. 2. VELUTHIRUTHI NEELI, W/O.KUNHAN, AGED 55 YEARS, DO. DO. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): RESPONDENTS --------------- 1. ANIL, S/O.PEETHAMBARA PANICKER, MANGALAMPARAMBIL HOUSE, THEYATHUMPADAM, KAVUKKAD, EDAKKARA P.O. 2. MOHAMMED ABDUL RAHIMAN, S/O.MOIDEENKUTTY, VELLUVANKUNNU, PULPATTA, P.O.MANJERI. 3. UNITED INDIA INSURANCE CO.LTD., HOSPITAL ROAD, NILAMBUR. ADV. SRI.BABU S. NAIR FOR R2 SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1756 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.185/2000 of Motor Accidents Claims Tribunal, Manjeri challenges the judgment and award of the Tribunal dated April 23, 2005 awarding a compensation of Rs. 83,000/- for the loss caused to the claimants on account of the death of deceased Suresh Babu in a motor accident. 2. The facts in brief are these : On April 26, 1998 at about 2.45 p.m., deceased was riding a bicycle from Karapuram to Karulai. At that time, a Tractor driven by the first respondent came at a high speed from the opposite side and knocked him down . Deceased sustained serious injuries. He succumbed to the injuries sustained while undergoing treatment in the hospital. The claimants are the parents of the deceased. Deceased was aged 19 at the time of the accident. According to the claimants, the accident occurred due to the MACA.No.1756/05 Page numbers rash and negligent driving of the offending tractor by the first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending tractor are jointly and severally liable to pay compensation to the claimants. 3. Respondents 1 and 2, the driver and owner of the offending tractor remained absent and were set exparte before the Tribunal. Third respondent, insurer of the offending tractor initially disputed the liability on the ground that driver of the tractor had no valid driving licence at the time of the accident, but subsequently admitted the policy. 4. Exts.A1 to A3 were marked on the side of the claimants. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, Tribunal awarded a compensation of Rs. 83,000/- . The claimants have now come up in appeal claiming enhancement of the compensation. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the tractor by the first respondent is also not challenged in this appeal. Therefore, the only question which arises for consideration is whether MACA.No.1756/05 Page numbers the claimants are entitled to any enhanced compensation ? 6. The counsel for the claimant argued that the Tribunal took the annual income of the deceased as Rs.15,000/- and adopted a multiplier of only 8 and that the monthly income of the deceased should have been taken as atleast Rs. 3000/- per month. There is force in the above contention. The deceased was a boy aged 19. Therefore, as a coolie he would have earned at least Rs. 100/- per day. Therefore, we feel that his monthly income should have been taken as Rs. 3000/-. After deducting 1/3 towards his personal expenses, the remaining Rs. 2000/- per month can be taken as his contribution to the claimants. 7. The Tribunal took the multiplier as 8 as the first claimant, father of the deceased was aged 60. But the second claimant, the mother of the deceased was aged only 50 at the time of the accident. Taking into consideration these aspects, we feel that a multiplier of 10 can be adopted in this case. Thus calculated for the loss of dependency, the claimants are entitled to Rs. 2,40,000/-. Thus on this count, the claimants are entitled to an additional compensation of Rs. 1,60,000/-. 8. Counsel for the appellant argued that the Tribunal did not MACA.No.1756/05 Page numbers award any amount for loss of love and affection, loss of estate, medical expenses and for pain and suffering. We find force in the above contention. The Tribunal awarded Rs. 2000/- for funeral expenses and Rs. 1000/- towards expenses incurred for transport to hospital. In the circumstances of this case we feel that a compensation of Rs. 2,000/- for medical expenses, Rs. 10,000/- for pain and suffering, Rs. 20,000/- for loss of love and affection and Rs. 5,000/- for loss of estate would be reasonable. 9. Thus the claimants are entitled to an additional compensation of Rs. 1,97,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. Taking into consideration the age of the claimants, the entire enhanced compensation awarded shall be disbursed to the claimants. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1756/05 Page numbers