IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 1053 of 2007() -------------------------------------- OPMV.620/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR ................................................... APPELLANT(S): PETITIONERS/APPELLANTS: ----------------------------------------------------------------- 1. P.M.KAMMAD KUTTY, S/O. BEERAN, AGED 50 YEARS, KAMMILI HOUSE, KOYAPPA, P.O. THENHIPPALAM-673 636. 2. P.M. ALEEMA, W/O. P.M.KAMMAD KUTTY, AGED 40 YEARS, KAMMILI HOUSE KOYAPPA, P.O. THENHIPPALAM-673 636. 3. P.M. RASHEEDA, AGED 19 YEARS, D/O. P.M. KAMMAD KUTTY, AGED 40 YEARS, KAMMILI HOUSE, KOYAPPA, P.O. THENHIPPALAM-673 636. 4. P.M. RASEENA (MINOR), AGED 17 YEARS, D/O. P.M. KAMMAL KUTTY, AGED 40 YEARS, KAMMILI HOUSE, KOYAPPA, P.O. THENHIPPALAM-673 636, REPRESENTED BY GUARDIAN AND FATHER THE IST APPELLANT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS: -------------------------------------------------- 1. MUDHAMPARAMBATH PRADEEP KUMAR, S/O. CHANTHUKUTTY, P.O. FEROKE COLLEGE-673 632, KOZHIKODE DISTRICT. 2. SALESH V.P., S/O. PARAMESWARAN, P.O. KADALUNDI NAGARAM-673 314. 3. ORIENTAL INSURANCE CO. LTD., CHERUTTY ROAD, CALICUT-673 001. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. --------------------------------------------------- M.A.C.A. NO. 1053 OF 2007 -------------------------------------- DATED THIS THE 14TH DAY OF JUNE 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in OP(MV)No. 620/2004 of Motor Accidents Claims Tribunal, Tirur challenge the judgment and award of the Tribunal dated October 17,2006 awarding a compensation of Rs. Two lakhs for the loss caused to them on account of the death of deceased Rishad in a motor accident. 2. The facts leading to this appeal in brief are these; The deceased Rishad was a coolie worker, aged 19 at the time of accident earning to Rs. 3,000/- per month. Claimants are the parents and sisters of deceased Rishad. On May 3, 2004, the deceased was driving the goods autorikshaw bearing registration No. KL-13 H-5033 along the National High way at about 7.45 p.m. When he reached near Panampra at Tenhipalam, a bus bearing registration No. KL-11 N-6650 dashed against the goods autorikshaw M.A.C.A. NO. 1053 OF 2007 2 driven by the deceased. The deceased sustained serious injuries and he died on the spot. According to the claimants, the accident occurred solely due to the negligence on the part of the 2nd respondent. The first respondent as the owner, the second respondent as the driver and the 3rd respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimants. Respondents 1 and 2, the owner and driver of the offending bus remained absent and were set ex-parte by the Tribunal. The 3rd respondent, the insurer of the offending bus filed a written statement admitting the policy and further contended that there was no negligence on the part of the 2nd respondent. 3. This OP was tried jointly along with other OPs filed by other injured persons in the accident and a common award was passed. PWs1 to 4 were examined and Exts. A1 to A25 were marked on the side of the claimants. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on M.A.C.A. NO. 1053 OF 2007 3 the part of the 2nd respondent and awarded a compensation of Rs. Two lakhs with interest at the rate of 9% per annum from the date of petition till realization. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. The Tribunal awarded a total compensation of Rs. Two lakhs. The break up of the award amount is as under: Transport to hospital : Rs. 1,500 Pain and suffering of the : Rs. 8,000 deceased. Loss of dependency : Rs. 1,87,200 Funeral expenses : Rs. 2,500 ------------------ Total: : Rs. 1,99,200 Rounded to : Rs. 2,00,000 5. The counsel for the claimants sought enhancement of the compensation for the disability caused. He pointed out that no compensation was awarded for loss of love and affection and loss of estate. The Tribunal took the monthly contribution of the deceased to his family as Rs. 1,200/- and took the multiplier of 13 and awarded a compensation of Rs. 1,87,200/- for loss of M.A.C.A. NO. 1053 OF 2007 4 dependency. As the deceased was a coolie, aged only 19, his monthly contribution to his family can be reasonably fixed at Rs. 1,500/-. As the deceased was aged only 19 and his parents were aged 50 and 40 respectively at the time of accident, a multiplier of 15 would be appropriate in this case. Thus calculating for the loss of dependency, claimants are entitled to a compensation of Rs. 2,70,000/- [ 1500 x 12 x 15 ]. Thus on this count, claimants are entitled to an additional compensation of Rs. 82,800/-. 6. For loss of love and affection, no amount was awarded by the Tribunal. Taking into consideration of the age of the deceased and the age of the claimants, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 7. No compensation was awarded for the loss of estate by the Tribunal. In the circumstances of the case, we feel that a compensation of Rs. 5,000/- would be reasonable on this count. 8. Thus the claimants are entitled to an additional compensation of Rs. 1,07,800/-. They are entitled to interest at the M.A.C.A. NO. 1053 OF 2007 5 rate of 9% per annum from the date of petition till realization and proportionate cost. The 3rd respondent being the insurer of the offending bus shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. 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) PKK