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 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 156 of 2007() ---------------------- OPMV.187/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- 1. MARIYAM, D/O.MOIDU, BISMILLA HOUSE, MELADUKKAM, P.O.ANANDASRAM, AJANOOR VILLAGE. 2. MUHAMMED ASHRAF(MINOR). 3. HASEENA (MINOR) 4. ABU SALI.N. (MINOR) 5. ASHIQ (MINOR) 6. ANSEENA.N. (MINOR), PETITIONERS 2 TO 6 ARE MINORS REPRESENTED BY GUARDIAN NEXT FRIEND 1ST PETITIONER. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENT(S): RESPONDENTS. --------------------------- 1. MUNNUVAR, S/O.FAZLUR RAHMAN, BILAL MASJID ROAD, TIPPU NAGAR, IVTH CROSS ROAD, CHIKANGALORE P.O. KARNATAKA STATE. 2. S.D.CHANDRA GOWDA S/O.DASE GOWDA, BRL TOMOTO MERCHANT, APMC YARD, CHICKMANGALORE P.O. KARNATAKA STATE. 3. ORIENTAL INSURANCE CO.LTD., TAPCMS COMPLEX, K.M.ROAD, P.B.NO.68, CHICKMANGALORE 577 101, KARNATAKA STATE. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.156 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010 JUDGMENT Barkath Ali, J. Appellants/claimants are the wife and five children of deceased Hammaba @ Monu who died in a motor accident which occurred on April 24, 2003 at 7.30 a.m. at Meladukkam near Kasargod. The accident happened while deceased was standing near the side of the road, he was knocked down by a lorry bearing Reg.No.KA.18 B/8888 driven by the first respondent. The appellants/claimants filed the O.P.before the Tribunal under Section 163 A of Motor Vehicles Act claiming compensation against respondents 1 to 3, the driver, owner and insurer of the offending lorry. 2. Respondents 1 and 2, the driver and owner of the offending lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry, filed a written statement admitting the policy 3. Exts.A1 to A3 were marked on the side of the claimants MACA.No.156/20071 2 before the Tribunal. No evidence was adduced by the contesting third respondent before the Tribunal. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 1,89,500/- with interest @ 9% per annum from the date of petition till December 31, 2004 and thereafter @ 6% per annum till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard learned counsel for the appellants/claimants and the counsel for the Insurance Company. 5. The accident is not disputed. This being a petition under Section 163 A of Motor Vehicles Act, the question of negligence does not arise in this case. The only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded Rs. 1,80,000/- for loss of dependency, Rs. 2,000/- for funeral expenses, Rs.2500/- for loss of estate and Rs. 5,000/- for loss of consortium. 7. Counsel for the claimants sought enhancement of compensation for the loss of dependency. MACA.No.156/20071 3 8. The Tribunal took the monthly income of the deceased as Rs.1500/- and after deducting 1/3 for his personal expenses, the balance amount of Rs. 1000/- per month was taken as his monthly contribution to his family and adopted a multiplier of 15 and awarded Rs. 1,80,000/- for loss of dependency. According to the claimants, deceased was a driver earning a monthly income of Rs.4000/-. His driving licence was also produced before the Tribunal. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs.3,000/-. After deducting 1/3 for his personal expenses, the balance amount of Rs. 2,000/- per month can be taken as his monthly contribution to his family which comes to Rs.24,000/- per annum. The multiplier adopted by the Tribunal as 15 is found to be correct. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,60,000/- ( 15 X 24,000). Thus on this count, the claimants are entitled to an additional compensation of Rs. 1,80,000/-. 9. In the result, the claimants are found entitled to an additional compensation of Rs. 1,80,000/- with interest @ 9% per MACA.No.156/20071 4 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.156/20071 5