IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 MACA.No. 1597 of 2005(G) ------------------------ OP(MV).995/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): APPELLANTS ------------------------ 1. MOLLY JOSEPH, W/O.JOSEPH, AGED 40 YEARS, KUZHINATH KUNNU HOUSE (EDATTU), VELLIYODE P.O., KALLACHI (VIA), CALICUT-673 506. 2. MOBIN JOSEPH (MINOR), S/O.JOSEPH, AGED 19 YEARS, DO. DO. 3. MELBIN JOSEPH (MINOR), D/O.JOSEPH, AGED 17 YEARS, DO., DO. 4. HONEYMOL JOSEPH (MINOR), D/O.JOSEPH, AGED 13 YEARS, DO. DO. BY ADV. SRI.MOHANAN V.T.K. RESPONDENT(S): --------------- 1. GENERAL MANAGER, KERALA ROAD TRANSPORT CORPORATION, TRIVANDRUM (R.C OWNER, K.S.R.T.C., KL-15, 3360, T.S. 279 K.S.R.T.C., BUS). 2. GOVINDAN, AGED 43 YEARS, S/O.RAVUNNIKUTTY, NAMBICHATHU VEEDU, KANDASANKADAVU DESOM, PANDIYAM VILLAGE-THRISSUR- 680 641, DRIVER OF KSRTC-KL-15-3769 T.S.279 BUS). ADV. SRI.BABU JOSEPH KURUVATHAZHA, SC FOR KSRTC (FOR R1) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A No. 1597 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 13th day of December, 2011 JUDGMENT Ramkumar, J. In this appeal filed under section 173 of the Motor Vehicles Act, 1988 (M.V.Act for short) the appellants who were the petitioners in O.P.(MV) No.995/1999 on the file of the Motor Accidents Claims Tribunal, Vadakara challenge the award dated 24-8-2004 passed by the Tribunal awarding a total compensation of Rs.3,38,000/-. 2. On 25-5-1999 at about 11.45 p.m. while deceased Joseph @ Babichan was driving a jeep bearing registration No. KED 2451, a K.S.R.T.C. bus bearing registration No.KL 15 3369, driven by the 2nd respondent allegedly in a rash and negligent manner, dashed against the jeep at a place called Chiyyaram near Thrissur. The deceased sustained fatal injuries in the accident and he succumbed to the injuries sustained on the way to Medical College Hospital, Kozhikode. The petitioners who are the widow and children MACA 1597/2005 2 of the deceased preferred the above O.P.(MV) claiming a total compensation of Rs.7,00,000/-. 3. According to the appellants, the deceased was a farmer having 12 acres of land, including rubber plantation, and was earning Rs.5,000/- per month. The first respondent K.S.R.T.C. opposed the application contending inter alia that there is no evidence in support of the income claimed by the appellants. 4. On the side of the claimants, Exts.A1 to A9 were marked and the widow of the deceased was examined as PW1. On the side of the respondents, no oral or documentary evidence was adduced. 5. The Tribunal held that in the absence of any acceptable evidence regarding the income, it was reasonable to take Rs.2,500/- as the monthly income of the deceased. After deducting 1/3rd therefrom the Tribunal arrived at Rs.20,000/- as the annual income and adopting 16 as the multiplier, the Tribunal assessed a sum of Rs.3,20,000/- as the compensation for economic loss on MACA 1597/2005 3 account of the death of Joseph @ Babychan. As against the claim of Rs.15,000/- towards transport to hospital, the Tribunal awarded Rs.1,000/-. Rs.2,000/- was awarded as funeral expenses. A sum of Rs.10,000/- was awarded as compensation for pain and suffering and a sum of Rs.5,000/- was awarded as compensation for loss of consortium. Thus, a total compensation of Rs.3,38,000/- was awarded to the appellant with 6% interest thereon. It is dissatisfied with the said award that the appellants have preferred this appeal. 6. We heard the learned counsel for the appellants and the learned standing counsel appearing for the first respondent K.S.R.T.C. 7. The learned standing counsel appearing for the K.S.R.T.C. contended that the monthly income adopted by the Tribunal does not call for any interference, since no evidence was adduced in support of the claim that the deceased was earning Rs.5,000/- per month. 8. We are afraid that we cannot agree with the above MACA 1597/2005 4 submission on behalf of the K.S.R.T.C. The Tribunal below went wrong in observing that the deceased was a farmer in respect of 4 acres. Actually it is 12 acres. Even the Tribunal had observed in the award that there was evidence to show that the family of the deceased was having a vehicle of their own and deceased was knowing driving. The Tribunal also observed that the contention of the claimants that the deceased was getting considerable income from rubber plantation appears to be correct. However, the Tribunal went wrong in fixing the monthly income of the deceased as Rs.2,500/-. Courts have held that even in the case of a non- earning member, it is reasonable to fix a monthly income of Rs.3,000/- . On the evidence before the Tribunal with regard to the extensive plantation owned by the deceased, we are of the view that the deceased was easily getting a monthly income of Rs.4,000/-. Deducting 1/4th therefrom towards his personal expenses, the deceased can reasonably be said to have contributed a sum of Rs.3,000/- to his dependents. On that basis, considering annual income of Rs.36,000/- and MACA 1597/2005 5 adopting the same multiplier, the total amount by way of dependency comes to Rs.5,76,000/-. Deducting the sum of Rs.3,20,000/- awarded by the Tribunal below on that score, we hold that the appellants will be entitled to an enhanced compensation of Rs.2,56,000/- towards loss of dependency. The said amount will carry interest @ 7.5% from the date of the O.P.(MV) till realization. 9. The first respondent K.S.R.T.C. shall deposit Rs.2,56,000/- together with interest thereon within two months from today. The Tribunal shall fix the share of each of the appellants and permit withdrawal of reasonable amounts therefrom. The appeal is allowed as above. No costs. V. RAMKUMAR, JUDGE. P.Q. BARKATH ALI, JUDGE. mn