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 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 1889 of 2006() ----------------------- ( O.P.(MV)NO.2198/2002 OF MACT, PERUMBAVOOR) APPELLANT(S): APPELLANTS: ------------------------- 1. SOBHANA, W/O. BOSE, MULANGATH HOUSE, ONAMKUZHITHADAM ALUVA. 2. AKIL (MINOR), S/O. BOSE, MULANGATH HOUSE, ONAMKUZHITHADAM, ALUVA, REPRESENTED BY HIS MOTHER AND NEXT FRIEND SOBHANA, W/O.BOSE, MULANGATH HOUSE, ORAMKUZHITHADAM, ALUVA. 3. ASWINI (MINOR) D/O.BOSE, MULANGATH HOUSE, ONATHKUZHITHADAM, ALUVA, REPRESENTED BY HIER MOTHER AND NEXT FRIEND SOBHANA, W/O.BOSE, MULANGATH HOUSE, ONAMKUZHITHADAM, ALUVA. 4. SAVITHIRI, W/O.KUTTAPAN, MULANGATH HOUSE, ONAMKUZHITHADAM, ALUVA. BY ADV. SRI.P.V.MOHANAN RESPONDENT(S): --------------- 1. THE MANAGING PARTNER, KERALA TRANSPORT COMPANY, G.C.D.A., COMPLEX, MARINE DRIVE, ERNAKULAM. 2. PRAKASHAN, S/O.JANARDHANA, PUTHENPURAYIL HOUSE, WEST OF THOTTAM JUNCTION, VARIKKAMKUNNU, VELLOOR. 3. THE NEW INDIA ASSURANCE CO.LTD., EAST NADAKKAVU, KOZHIKODE-673 011. RESPONDENT NO.1 DELETED FROM THE PARTY ARRAY VIDE ORDER DATED 8.9.09 IN I.A.NO.1079/2009 ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1889 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.2198/2002 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. They are the wife, children and mother of deceased Bose who died in a motor accident. On November 20, 2002, while the deceased was standing at Bank Junction bus stop at about 9.50 p.m., he was knocked down by a bus bearing Reg.No.KL-7AG-4707 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained on the way to the hospital. Alleging negligence against the driver of the bus, the claimants filed the OP under Sec.166 of the Motor Vehicles Act. 2. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy of the bus, but denied the liability. 3. Pws 1 and 2 were examined and Exts.A1 to A6 were marked MACA.No.1889/2006 2 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.2,72,150/- with interest at the rate of 7% 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 counsel for 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 driver of the bus 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.2,72,150/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.2,30,400/-/- Funeral expenses - Rs. 2,500/- Transportation - Rs. 1,500/- Loss of love and affection - Rs. 15,000/- Loss of consortium - Rs. 15,000/- Pain and suffering - Rs. 5,000/- Loss of estate - Rs. 2,500/- MACA.No.1889/2006 3 Damage to clothings - Rs. 250/- 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency and for loss of amenities and enjoyment in life. 8. The Tribunal took the monthly income of the deceased as Rs.1,800/- which works out to Rs. 21,600/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 14,400/- was taken was his annual contribution to his family. The Tribunal adopted a multiplier of 16 and awarded Rs. 2,30,400/- for the loss of dependency. The claimant was a driver aged 37 at the time of the accident and was earning Rs. 4,000/- per month, according to the claimant. 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. 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 16 which is not seriously challenged. Thus calculated, for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,84,000/- ( 24,000 x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,53,600/-. MACA.No.1889/2006 4 9. The Tribunal awarded Rs. 15,000/- for loss of amenities and enjoyment in life which appears to be very low. Taking into consideration the age of the claimants, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs. 10,000/- 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. 10. In the result, the claimants are entitled to an additional compensation of Rs. 1,63,600/- with interest @ 7% per annum from the date of petition till realisation 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.1889/2006 5