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 26TH JULY 2010 / 4TH SRAVANA 1932 MACA.No. 163 of 2007 ---------------------- OPMV.120/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANTS/PETITIONERS 1 TO 3 IN THE O.P(M.V): ------------------------------------------------------------ 1. V.V.USHAKUMARI, W/O LATE MOHANAN, VALIYAVEETTIL HOUSE, NEAR KANNANCHERY TEMPLE, P.O.KALLAI, CALICUT. 2. ANOOP MOHAN, S/O LATE MOHANAN, VALIYAVEETTIL HOUSE, NEAR KANNANCHERY TEMPLE, P.O.KALLAI, CALICUT. 3. ASWATHI MOHAN, D/O LATE MOHANAN, (MINOR), REPRESENTED BY THE MOTHER THE 1ST APPELLANT V.V.USHAKUMARI, VALIYAVEETTIL HOUSE, NEAR KANNANCHERY TEMPLE, P.O.KALLAI, CALICUT. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT(S): RESPTS.IN O.P(M.V)/4TH PETITIONER IN O.P(M.V) ------------------------------------------------------------ 1. M.HYDERALI, S./O SAINUDEEN HAJI, MOOTHEDTH HOUSE, P.O.EDAKKARA, MALAPPURAM DISTRICT. 2. KARUPPAYIL NISSAM,S/O VEERAN, PALLIPADI, P.O.KARULAI, MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LTD. BRANCH OFFICE, P.B.NO.5,A.M.BUILDING, HOSPITAL ROAD, NILAMBUR. 4. C.M.ANTONY, S/O C.A.MATHEW, 11/54, P.B.NO.10,GUDALLUR,NILGIRIS. MACA.No. 163 of 2007 -2- 5. MOHANA SUNDARAM, S/O KANDAYYA, DOOR NO.11/43, P.O.NADAZHI, ANNA NAGAR, NILGIRIS DISTRICT,GUDALLUR TALUK,THAMILNADU. 6. UNITED INDIA INSURANCE COMPANY LTD., BANK ROAD, P.B.NO.34, OTTACAMUND, NILGIRIS DISTRICT, TAMILNADU. 7. KALLIANI RAMAN, W/O RAMAN, THIRUMUMPIL HOUSE, P.O.THALAKKALTHUR, CALICUT. ADV. SRI.C.M.ANDREWS FOR R4 SRI.A.A.MOHAMMED NAZIR FOR R.3,6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 163 of 2007 ------------------------------------------------------ Dated: JULY 26, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)120/2005 on the file of the Motor Accidents Claims Tribunal, Tirur. They are the wife, children and mother of one deceased Mohanan who died in a motor accident. On February 10, 1998 while the deceased was travelling in a bus bearing Regn.No.KLL-21 from Manjeri to Nilambur and reached at Mampad at about 9.40 a.m. the bus collided head on with a lorry bearing Regn.No.TN-43/5373. The deceased sustained serious injuries and he died on the spot. Alleging negligence against the 2nd respondent, driver of the bus, and the 5th respondent, driver of the lorry, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.9,11,500/-. 2. Respondents 1 and 2, owner and driver of the bus,did not contest the case. Respondents 3 and 6 are the same Insurance Company. They filed a joint written statement admitting the policy of the respective vehicles. Respondents 4 and 5, owner and driver of the lorry involved in the accident, filed a joint written statement admitting the accident, but attributing negligence to the 2nd respondent, driver of the bus. M.A.C.A. 163 of 2007 2 3. PW.1 was examined and Exts.A1 to A9 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of 2nd respondent, the driver of the offending bus, and awarded a total compensation of Rs.6,20,000/- with interest at the rate of 9% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellants/claimants and the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.6,20,000/-. The break up of the compensation amount awarded is as under: transport to hospital Rs.2,500/- pain and suffering 7,500/- loss of dependency 6,00,000/- loss of consortium 7,500/- funeral expenses 2,500/- M.A.C.A. 163 of 2007 3 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency, for loss of consortium and for loss of love and affection. The deceased was aged 43 at the time of the accident as proved by Ext.A4 copy of the relevant page of the SSLC book. The Tribunal took the monthly income of the deceased as Rs.3000/- and deducting 1/3rd for his personal expenses, took Rs.2000/- as his monthly contribution to his family. A multiplier of 15 was adopted and a compensation of Rs.5,40,000/- and another compensation of Rs.60,000/- was awarded for the loss of dependency (total Rs.6 lakhs). It is seen from Ext.A9 certificate issued by the Manager of Nilambur Branch of the Indian Bank that the deceased was working there and was earning a salary of Rs.7075/- p.m. Since the deceased was a bank employee, we feel that the salary certificate Ext.A9 can be accepted and his monthly income can be reasonably fixed at Rs.7075/-. After deducting 1/3rd for his personal expenses, the balance amount of Rs.4717/- can be taken as his monthly contribution to his family. The multiplier adopted as 15 is not seriously challenged. Thus calculated, for the loss of dependency the claimants are entitled to a compensation of Rs.8,49,060/- (4717x12x15). Thus on this count the claimant is entitled to an additional compensation of Rs.2,49,060/-. 8. The Tribunal awarded Rs.7500/- for loss of consortium and M.A.C.A. 163 of 2007 4 for loss of love and affection which appears to be quite inadequate. Taking into consideration the age of claimants 1 to 3, the wife and children of the deceased, we feel that a compensation of Rs.10,000/- for loss of consortium and a compensation of Rs.15,000/- for loss of love and affection would be reasonable. Thus on this count the claimants are found entitled to an additional compensation of Rs.17,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 9. Thus the claimants are entitled to an additional compensation of Rs.2,66,560/-. They are entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-