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 16TH MARCH 2011 / 25TH PHALGUNA 1932 MACA.No. 1707 of 2010(G) ------------------------------------- [O.P(M.V).NO.1551/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY] .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. ALANTHATTIL KARTHYAYANI, AGED 56 YEARS, W/O.PADINHARE VEETTIL KANNAN (LATE), KOROME, CHALOKODE P.O., KANNUR DISTRICT. 2. A.RESMI, AGED 39 YEARS, D/O.PADINHARE VEETTIL KANNAN (LATE), KOROME, CHALOKODE P.O., KANNUR DISTRICT. 3. A.GEETHA, AGED 35 YEARS, D/O.PADINHARE VEETTIL KANNAN (LATE). KOROME, CHALAKKODE P.O., KANNUR DISTRICT. 4. A.MADHU, AGED 33 YEARS, S/O.PADINHARE VEETTIL KANNAN (LATE). KOROME, CHALAKKODE P.O., KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN. RESPONDENT/RESPONDENT NO.3: --------------------------------------------------- THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., TEMPLE ROAD, SOUTH BAZAR, PAYYANNUR P.O., KANNUR DISTRICT, PIN – 670 307. BY ADV. SMT.T.C.SOWMIAVATHY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1707 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 16th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1551 of 2003 on the file of the Motor Accidents Claims Tribunal, Thalassery. They are the wife and major children of Kannan who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated March 25, 2010 awarding a compensation of Rs.1,52,450/- for the loss caused to them on account of the death of deceased Kannan in that accident. 2. The accident occurred on October 20, 2003 at Perumba near Bye-pass road junction. While deceased Kannan was cycling along the side of the P.W.D. road, he was knocked down by a car bearing registration No.KL 13/A 1341, driven by the second respondent. He sustained very serious injuries and he succumbed to the injuries sustained while undergoing MACA 1707/2010 2 treatment in the hospital. Alleging negligence against the second respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs. 5 lakhs. 3. The first respondent, the owner of the offending car, remained absent before the Tribunal. The second respondent, the driver of the offending car, filed a written statement admitting the accident, but attributed negligence to the claimant. The third respondent, insurer of the offending car, filed a written statement admitting the policy. PW1 was examined and 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, found that the accident occurred due to negligence of the second respondent, the driver of the offending car, and awarded a compensation of Rs.1,52,450/- with interest @ 7.5% per annum from the date of petition till realization and a cost of Rs.1,000/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimants and the counsel for the Insurance Company. MACA 1707/2010 3 5. 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 car, and that the deceased died as a result of the injuries sustained in the accident are 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 total compensation of Rs..1,52,450/-. Break up of the compensation awarded is as under:- Medical and miscellaneous : Rs. 7,250 expenses. Transportation expenses : Rs. 1,000 Funeral expenses : Rs. 9,000 Bystander expenses : Rs. 200 Loss of dependency : Rs.1,20,000 Loss of consortium : Rs. 5,000 Loss of love and affection : Rs. 10,000 ------------------- Total : Rs. 1,52,450 ======== 7. The counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 8. The Tribunal took the monthly income of the MACA 1707/2010 4 deceased as Rs.3,000/-, which comes to Rs.36,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.24,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 5 and awarded a compensation of Rs.1,20,000/- for the loss of dependency. The deceased was aged 60 and was conducting a provisional store earning Rs.9,000/- per month, according to the claimants. Ext.A13 series are the registration certificates in the name of the deceased issued by the Assistant Labour Officer, Payyannur. Taking into consideration the above aspect, we feel that the monthly income of the deceased can reasonably be fixed at Rs.4,000/-, which comes to Rs.48,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.32,000/- can be taken as his annual contribution to his family. Multiplier of 5 adopted by the Tribunal is not seriously challenged. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.1,60,000/-. Thus, the claimants are entitled an additional compensation of Rs.40,000/- on this count. MACA 1707/2010 5 9. The Tribunal awarded Rs.10,000/- for the loss of love and affection and Rs.5,000/- for loss of consortium, which appear to be very low. Having regard to the age of the deceased and the claimants, we feel that a compensation of Rs.20,000/- for loss of love and affection and Rs.10,000/- for loss of consortium would be reasonable. 10. No compensation was seen awarded by the Tribunal for the pain and suffering endured by the deceased. Taking into consideration the fact that the deceased was in the hospital for 43 days, we feel that a compensation of Rs.10,000/- would be reasonable for pain and suffering. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 11. In the result, the claimants are found entitled to an additional compensation of Rs.65,000/- with interest 7.5% p.a. from the date of petition till realization and proportionate costs. The third respondent being the insurer of the offending MACA 1707/2010 6 vehicle shall 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 to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.