IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 MACA.No. 551 of 2004() ---------------------------------- OP(MV)NO .1864/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS/PETITIONERS IN OP(MV) --------------------------------------------------------------------------------- 1. GRACY ANTONY, W/O. C.P.ANTONY, CHITTISSERY HOUSE, MURINGOOR P.O., MUKUNDAPURAM TALUK. 2. STENNY ANTONY, S/O. LATE C.P.ANTONY, CHITTISSERY HOUSE, MURINGOOR P.O., MUKUNDAPURAM TALUK. 3. BENNY ANTONY, S/O. C.P.ANTONY, CHITTISSERY HOUSE, MURINGOOR P.O., MUKUNDAPURAM TALUK. 4. SONIYA ANTONY, D/O. C.P.ANTONY, CHITTISSERY HOUSE, MURINGOOR P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN O.P.(MV) -------------------------------------------------------------------- 1. K.J.XAVIER, KACHERY HOUSE, KUNJITHAI P.O., VADAKKEKARA, NORTH PARUR, ERNAKULAM DISTRICT. 2. HARICHANDRAN P., VARIALIL HOUSE, IRINGOLE P.O. 3. BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, SHAAN COMPLEX, 1ST FLOOR, BAZAR ROAD, MATTANCHERRY. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 551 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1864 of 1995 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the widow and three minor children of deceased Antony who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated July 17, 2003 awarding a compensation of Rs.11,98,224/- for the loss caused to them on account of the death of deceased Antony in that accident. 2. The accident happened on October 29, 1995 at 6.35 p.m. at Pallippady at Kanjirakkad. While deceased Antony was riding a scooter bearing registration No.KL-8/E 8751 along the Kanjirakkad public road, he was knocked down by a bus bearing registration No.KL-7/E 8150, driven by the second respondent. He sustained serious injuries and he succumbed to the injuries sustained on the same day MACA 551/2004 2 while undergoing treatment in the hospital. The claimants filed the O.P. before the tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.25 lakhs. 3. Respondents 1 to 3 are owner, driver and insurer respectively of the offending bus. Respondents 1 and 2 filed a joint written statement contending that there was no negligence on the part of the second respondent and that the accident occurred due to negligence of the deceased. The third respondent, insurer of the offending bus, filed a written statement admitting the policy but attributed negligence to the deceased. 4. PWs.1 and 2 and Exts.A1 to A9 and Ext.X1 were marked on the side of the claimants. Exts.B1 and B2 were marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the second respondent, driver of the offending bus, and awarded a compensation of Rs.11,98,224/- with interest @ 9% per annum from the date of petition realization proportionate costs. The claimants MACA 551/2004 3 have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the claimant and the counsel the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent driver of the offending bus is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.11,98,224/-. Break up of the compensation amount awarded is as under:- Loss of dependency : Rs.11,80,224 Loss of consortium : Rs. 5,000 Loss of love and affection : Rs. 5,000 Pain and suffering : Rs. 5,000 Funeral expenses : Rs. 3,000 -------------------- Total : Rs.11,98,224 ======== 8. Learned counsel for the claimant sought MACA 551/2004 4 enhancement of the compensation for the loss of dependency and for loss of love and affection. 9. The Tribunal took the monthly income of the deceased at Rs.12,293/- and after deducting 1/3rd for his personal expenses balance amount of Rs.8,196/- was taken as his monthly contribution to his family. The Tribunal adopted multiplier of 12 as he was aged 45 at the time of the accident and awarded a compensation of Rs.11,80,224/- for the loss of dependency. 10. The deceased was aged 45 at the time of the accident and was employed as a Cash Verification Officer in State Bank of Travancore. He was drawing a salary of Rs.12,300/- as evidenced by Ext.A7 his salary certificate which is proved by PW2, the Zonal Manager of SBT, Ernakulam. Taking into account the future prospects in life of the deceased, we are of the view that the Tribunal is perfectly justified in taking his monthly income as Rs.12,293/- as shown in Ext.A7. The Tribunal took a multiplier of 12 only, though in this case the appropriate MACA 551/2004 5 multiplier would be 13. The widow was aged 39 and children were aged 17, 15 and 10 at the time of accident. Taking into consideration all these aspects and in the circumstances of the case, we feel that a compensation of Rs.11,80,224/- awarded by the Tribunal is reasonable. 11. The Tribunal awarded Rs.5,000/- for loss of consortium and Rs.5,000/- for loss of love and affection. Taking into consideration the age of the deceased and the claimants, we feel that a compensation of Rs.15,000/- for loss of consortium and Rs.25,000/- for loss of love and affection would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore not disturbing the same. Regarding the apportionment and disbursement of the same, the direction of the Tribunal will stand. 12. In the result, the claimant is found entitled to an additional compensation of Rs.30,000/- with interest @ 7.5% per annum from the date of petition till realization and proportionate costs. The third respondent being insurer MACA 551/2004 6 of the offending bus is directed to deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. The award of the Tribunal is modified as above. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.