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 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 416 of 2008() ---------------------- OPMV.800/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): CLAIMANTS IN OP(MV) --------------------------------- 1. CELINE JOY, THEMANKUZHIYIL KATTAMPACK P.O., NJEEZHOOR 2. ANU JOY DEVASSIA (MINOR, DATE OF BIRTH 27-12-1990), THEMANKUZHIYIL, KATTAMPACK P.O. NJEEZHOOR, REPRESENTED BY HER MOTHER CELINE JOY AS GUARDIAN AND NEXT FRIEND. 3. AJU JOY DEVASSIA, (MINOR, DATE OF BIRTH 04-06-1992), THEMANKUZHIYIL, KATTAMPACK P.O. NJEEZHOOR, REPRESENTED BY MOTHER CELINE JOY AS GUARDIAN AND NEXT FRIEND. 4. ANNAMMA DEVASSIA, THEMANKUZHIYIL KATTAMPACK P.O. KIDANGOOR, PALA. BY ADV. SRI.THOMAS M.JACOB SRI.G.RAJAGOPAL RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. ANISH MATHEW, ARAMPULICKAL CHERPUMKAL P.O., KIDANGOOR, PALA. 2. THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD., P.B. NO.59 KALPANA SHOPPING COMPLEX, MAIN ROAD KALPETTA P.O., VYANADU. ADV. SRI.M.A.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 416 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 27th day of June, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.800 of 2005 on the file of the Motor Accidents Claims Tribunal, Pala. They are the wife, two minor children and mother of Joy who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated August 14, 2007 awarding a compensation of ` 3,24,639/- for the loss caused to them on account of the death of deceased Joy in that accident. 2. The accident occurred on May 13, 2005 at 10.30 p.m. at Muttuchira. While deceased Joy was riding a scooter bearing registration No.KL-5/B-9794 along Ettumanoor – Vaikon public road, a Mahindra Scorpio bearing registration No.KL-5/S 2742, driven by the first respondent, came from behind dashed against the scooter. He sustained serious injuries and he succumbed the injuries M.A.C.A.No. 416/2008 2 sustained while undergoing treatment in the hospital on May 16, 2005. Alleging negligence against the first respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of ` 6,00,000/-. 3. First respondent, the rider – cum – owner of the offending vehicle, filed a written statement admitting the accident, but denied the liability. He attributed negligence to the deceased. The second respondent, insurer of the offending vehicle, filed a written statement admitting the policy. Exts. A1 to A11 were marked on the side of the claimants. The Tribunal, on an appreciation of the evidence, awarded a compensation of ` 3,24,639/- with interest @ 7.5% per annum from the date of petition till realization and cost of ` 8,100/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimants and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the M.A.C.A.No. 416/2008 3 Tribunal that the accident occurred due to the negligence of the first respondent, driver of the offending vehicle, and that the deceased died as a result of the injuries sustained in the accident are 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 ` 3,24,639/-. Break up of the compensation awarded is as under:- Transport to hospital : ` 2,000 Funeral expenses : ` 3,000 Medical expenses : ` 34,639 Pain and suffering : ` 15,000 Loss of love and affection : ` 15,000 Loss of consortium : ` 15,000 Loss of dependency : `2,40,000 ------------------ Total : `3,24,639 ======== 7. The counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 8. The Tribunal took the monthly income of the M.A.C.A.No. 416/2008 4 deceased as ` 2,000/-, which comes to ` 24,000/- per annum, and after deducting 1/3rd for his personal expenses, balance amount of ` 16,000/- was taken as his monthly contribution to his family. The Tribunal adopted multiplier of 15, as the deceased was aged 40 at the time of the accident, and awarded a compensation of ` 2,40,000/- for the loss of dependency. The deceased was an Agriculturist earning ` 4,000/- per month, according to the claimants. Taking into consideration the above aspect, we feel that the monthly income of the deceased can reasonably be fixed at ` 3,000/-, which comes to ` 36,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of ` 24,000/- can be taken as his annual contribution to his family. Multiplier of 15 adopted by the Tribunal is not seriously challenged. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of ` 3,60,000/-. Thus, the claimants are entitled an additional compensation of ` 1,20,000/- on this count. 9. As regards the compensation awarded under other M.A.C.A.No. 416/2008 5 heads, we find the same to be reasonable and therefore,we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 10. In the result, the claimants are found entitled to additional compensation of ` 1,20,000/- with interest at 7.5% p.a. from the date of petition till realization and proportionate costs. The second respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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. mn.