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 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 MACA.No. 2510 of 2010() ----------------------- OPMV.1087/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONERS ------------------------- 1. V.M.HAMZA,AGED 49 YEARS,VELUTHATTIL HOUSE,PAZHANJI VILLAGE,PATTITHADAM HOUSE, P.O.PAZHANJI,THRISSUR DISTRICT,PIN-680542. 2. N.A.AYISHA,AGED 44 YEARS,W/O.HAMZA, VELATHATTIL HOUSE,PAZHANJI VILLAGE,PATTITHADAM ROAD,P.O.PAZHANJI,THRISSUR DISTRICT,PIN-680542. 30. V.H.NISHA,AGED 22 YEARS,D/O.V.M.HAMZA, VELUTHATTIL HOUSE PAZHANJI VILLAGE,PATTITHADAM ROAD,P.O.PAZHANJI,THRISSUR DISTRICT-680542. BY ADV. SRI.N.M.MADHU RESPONDENT(S): RESPONDENTS -------------------------- 1. ABDUL RAHIMAN,AGED 49 YEARS, NONNAMPULLY HOUSE,PATTITHADAM ROAD,P.O.PAZHANJI, THRISSUR DISTRICT-680542. 2. SHAJAHAN,AGED 25 YEARS,S/O.ABDUL RAHMAN, NONNAMPULLY HOUSE,PATTITHADAM HOUSE,PAZHANJI, THRISSUR DISTRICT,PIN-680542. 3. M/O.ORIENTAL INSURANCE CO.LTD, KUNNAMKULAM,THRISSUR DISTRICT-680503. ADV. SRI.V.BINOY RAM FOR R1 & R2 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2510 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.1087/2005 on the file of the Motor Accidents Claims Tribunal, Thrissur. They are the parents and sister of deceased Abdul Gafoor who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated May 11, 2010 awarding a compensation of Rs. 3,40,100/- for the loss caused to them on account of the death of deceased in that accident. 2. On February 13, 2005 while the deceased was travelling in an autorickshaw bearing Reg.No.KL 8AC 2138 driven by the second respondent. Due to the sudden braking of autorickshaw by the second respondent, the deceased was thrown out and fell down to the road. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the second respondent, the claimants filed the OP MACA.No.2510/2010 2 under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.9,02,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending vehicle remained absent before the Tribunal. The third respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. Exts.A1 to A11 were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.3,40,100/- with interest at the rate of 8% per annum from the date of petition till realisation and proportionate cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the MACA.No.2510/2010 3 second respondent is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.3,40,100/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs. 2,25,000/- Loss of love and affection - Rs. 10,000/- Pain and suffering - Rs. 5,000/- Transportation & funeral exp.-Rs. 5,000/- Loss of estate - Rs. 10,000/- Treatment expenses - Rs. 85,096/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency, for loss of love and affection and for pain and suffering endured by the deceased . 9. The Tribunal took the monthly income of the deceased as Rs.2,500/- which works out to Rs. 30,000/- per annum. After deducting 1/2 for his personal expenses, the balance amount of Rs. 15,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 15 and awarded Rs. 2,25,000/- for the loss of dependency. The deceased was aged 19 and was a driver by profession. Ext.A7 is MACA.No.2510/2010 4 the copy of his driving licence. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,000/- which comes to Rs. 36,000/- per annum. The claimants are his parents and the sister aged 17, therefore we feel that only 1/3 need be deducted for the personal expenses of the deceased. After deducting 1/3 for his personal expenses, the balance amount of Rs. 24,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 15 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,60,000/- ( 24,000 x 15). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,35,000/- on this count. 10. For loss of love and affection, Rs. 10,000/- was awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the young age of the deceased and the age of the parents, we feel that a compensation of Rs. 30,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.20,000/-. 11. For the pain and suffering endured, Rs. 5,000/- was MACA.No.2510/2010 5 awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the fact that deceased died only after 16 days of the accident, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 1,75,000/-. They are entitled to interest @ 8% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The third respondent being the insurer of the offending vehicle 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 sv. MACA.No.2510/2010 6 MACA.No.2510/2010 7