IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 MACA.No. 44 of 2004() --------------------- OPMV.2063/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS/PETITIONERS:- ---------------------------------------------------------------- 1. P.K. THANKAM, W/O. LATE P. CHANDRAN, "CHABITHA", KOTTOOLI AMSOM DESOM, KOZHIKODE TALUK. 2. P. BIJOY KUMAR, S/O. LATE P. CHANDRAN "CHABITHA", KOTTOOLI AMSOM DESOM, KOZHIKODE TALUK. 3. P. BABU CHANDRAN, S/O. LATE P. CHANDRAN "CHABITHA", KOTTOOLI AMSOM DESOM, KOZHIKODE TALUK. 4. P. BIPIN CHANDRAN, S/O. LATE P. CHANDRAN "CHABITHA", KOTTOOLI AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.THOMAS ANTONY RESPONDENT(S):RESPONDENTS:- ---------------------------------------------- 1. UDAYA KUMAR, S/O. SEKHARAN, MELEKUZHI VEEDU, NELLIKODE AMSOM DESOM, NEAR KERALA KOUMUDI PRESS, THONDAYAD, KOZHIKODE. 2. MANAGING PARTNER, M/S. SHEEBA MOTOR SERVICE, NADAKKAVU CROSS ROAD, KOZHIKODE. 3. M/S. NEW INDIA ASSURANCE CO.LTD., THRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. 4. K.K. SADANANDAN, S/O. BALAN NAIR, KODAY PRAMBIL HOUSE, P.O. KUTHIRAVATTOM, CALICUT. (.....2) -: 2 :- 5. M/S. NEW INDIA ASSURANCE CO.LTD., THRIPURI BUILDINGS, EAST NADAKKAVU, KOZHIKODE. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 & R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. = = = = = = = = = = = = M.A.C.A.No.44 of 2004. = = = = = = = = = = = = Dated this the 7th day of October, 2010. J U D G M E N T Barkath Ali, J. The appellants are the claimants in OP(MV) No.2063/1993 of the Principal Motor Accidents Claims Tribunal, Kozhikode. They are the wife and major children of deceased Chandran who died in a motor accident that occurred on December 25, 1992 at about 7.30 pm. at Paroppady near Kozhikode. The accident happened while he was pillion riding on a scooter bearing registration No.KL 11/1609 owned and ridden by the 4th respondent and when he reached at Paroppady he was knocked down by a bus bearing registration No.KEZ 696. The deceased succumbed to the injuries sustained while undergoing treatment in the hospital after 52 days. Alleging negligence against the first respondent, the driver of the bus, claimants filed the OP before the Tribunal under Section 166 of the Motor Vehicles Act claiming a MACA.No.44/ 2004. 2 compensation of Rs.15,00,000/- against respondents 1 to 3, the driver, owner and the Insurer of the bus involved in the accident. Respondents 4 and 5 are the owner-cum-rider and Insurer of the scooter involved in the accident. 2. Respondents 3 and 5 are the Insurers of the respective vehicles, which is the same Insurance company. They filed written statement admitting the policy of the respective vehicles. 3. Pws.1 and 2 were examined and Exts.A1 to A8 were marked on the side of the claimants. The report of the Advocate commissioner showing the monetary benefits which could be received by the deceased was marked as Ext.C1. On an appreciation of the evidence the Tribunal found that the accident occurred due to the negligence of the first respondent, the driver of the offending bus and awarded a compensation of Rs.2,22,650/- with interest @9% per annum from the date of petition till realisation and Rs.1,500/- as cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.44/ 2004. 3 4. Heard the counsel for the appellants/claimants and that of 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 first 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. 6. The Tribunal awarded a total compensation of Rs.2,22,650/-. The break up of the compensation amount awarded is as under: Loss of dependency : Rs.1,58,400/- Pain and suffering : Rs. 15,000/- Hospitalisation charges, medical and bystander's expenses : Rs. 20,000/- Incidental expenses : Rs. 2,000/- Funeral expenses : Rs. 2,000/- Loss of love and affection : Rs. 15,000/- Loss of consortium to 1st petitioner : Rs. 5,000/- Mental shock : Rs. 5,000/- MACA.No.44/ 2004. 4 Damage to clothing : Rs. 250/- ---------------------- Total : Rs.2,22,650/- ---------------------- 7. Counsel for the claimant sought enhancement of the compensation for the loss of dependency, for pain and suffering and on other heads. The deceased was a Pharmacist Store-keeper in Government Hospital, Thalassery, and was drawing a monthly salary of Rs.4,282/- as revealed from Ext.C1. The Tribunal took the monthly contribution to his family after deducting 1/3rd for his personal expenses as Rs.2,850/-. As the deceased was aged 52 at the time of accident and could have been retired from service at the age of 55, the compensation was calculated for two years at that rate which came to Rs.68,400/-. For the remaining 9 years after the retirement his annual income was taken as Rs.15,000/- and after deducting 1/3rd for his personal expenses, Rs.10,000/- per annum was taken as his annual contribution to his family and adopting a multiplier of 9 the loss of dependency after retirement was estimated at Rs.90,000/- MACA.No.44/ 2004. 5 totalling to Rs.1,58,400/-, which appears to be reasonable. Therefore, towards loss of dependency, claimants are not entitled to any enhanced compensation. 8. The Tribunal awarded Rs.15,000/- for pain and suffering. The deceased was in the hospital for 52 days. Therefore, we feel that an amount of Rs.40,000/- would be reasonable for pain and suffering. For loss of Loss of consortium Rs.5,000/- was awarded by the Tribunal which appears to be very low. Taking into consideration the age of the 1st claimant widow we are of the view that a compensation of Rs.15,000/- would be reasonable on this count. 9. The Tribunal awarded Rs.15,000/- for loss of love and affection. Having regard to the age of the claimants we feel that a compensation of Rs.30,000/- would be reasonable on this count. Rs.20,000/- was awarded for Hospitalisation charges, medical and bystander's expenses which appears to be very low. The deceased underwent treatment in the hospital for 52 days. Therefore, we feel that an amount of Rs.30,000/- would be reasonable on this count. As regards MACA.No.44/ 2004. 6 the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. Thus, the claimants are found entitled to an additional compensation of Rs.60,000/-. They are entitled to interest @7.5% per annum from the date of petition till realisation 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. kvs/-