IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 MACA.No. 2910 of 2008(C) ----------------------- OPMV.3463/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANTS : PETITIONERS IN OPMV: ---------------------------------- 1. P.MADHAVAN NAIR, S/O.NARAYANAN NAIR, AGED 58 YEARS. 2. V.SUBHADRA, W/O.MADHAVAN NAIR, AGED 53 YEARS. 3. SREEJA.V, W/O.NANDAKUMAR, AGED 30 YEARS. 4. BIJU.N, S/O.MADHAVAN NAIR, AGED 24 YEARS. ALL ARE RESIDING AT NANGOLATH HOUSE, P.O.CHEVAYOOR, NELLIKODE AMSOM DESOM, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS : RESPONDENTS IN OPMV: ----------------------------------- 1. V.SAIDALAVI, S/O.MOOSA, RESIDING AT ANAPPARACHAL HOUSE, KAVANNUR P.O., AREAKKAD, MALAPPURAM. 2. THE NEW INDIA ASSURANCE CO. LTD., CHEROOTTY ROAD, CALICUT. ADV. SRI.VIJU THOMAS FOR R2 SMT.M.MEENA JOHN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.2910 of 2008-C ***************************** Dated this the 12th day of October, 2011 JUDGMENT BASANT, J. Claimants are the appellants. They are the parents and adult siblings of a deceased person aged 28 years who was allegedly drawing a monthly income exceeding Rs.4,500/-. Against a total claim of Rs.8,00,000/-, the tribunal awarded an amount of Rs.3,56,500/- as per the details shown below: Sl. No. Head of Claim Amount claimed (Rs.) Amount awarded (Rs.) 1 Loss of earning N.A 2 Transport to hospital 1,000 2,000 3 Extra nourishment 4 Damage to clothing 1,000 5 Medical expenses 10,000 6 Bystanders expenses N.A 7 Funeral expenses 8,000 2,500 8 pain and suffering 30,000 25,000 9 Loss of dependency 3,50,000 3,12,000 (24,000 x 13) (3000 x 12 x 1/3) 10 Loss of love and affection 80,000 15000 11 loss of future economic benefit 2,40,000 ---- M.A.C.A No.2910 of 2008-C 2 Sl. No. Head of Claim Amount claimed (Rs.) Amount awarded (Rs.) 12 Loss of mental agony, depression etc. 80,000 ----- 13 Other heads, if any. Loss of Estate ------- ----- Total 8,00,000 3,56,500 with 9% interest 2. We have heard the learned counsel for the appellants and the learned counsel for the insurance company. The challenge is raised only on the ground of quantum. 3. Called upon to explain and be specific, the learned counsel assails the impugned award on the short ground that the quantum of compensation awarded under the head of loss of dependency is incorrect. The Tribunal had accepted Ext.A4 salary certificate, which showed that the monthly income of the deceased for October, 2001 was Rs.3,158/-. The Tribunal took Rs.3,000/- as the monthly income, reduced it by one third to accommodate the personal expenses of the deceased and reckoned 13 as the multiplier. It was thus that an amount of Rs.3,12,000/- (3000X12X2/3X13) was awarded under the head of loss of dependency. M.A.C.A No.2910 of 2008-C 3 4. The learned counsel for the appellants contends that Rs.3,158/- was the salary actually paid to the legal heirs as salary due to the deceased for the month of October, 2001. The deceased had expired on 20.10.2001. The amount of Rs.3,158/- can be reckoned only as the salary for the month of October, 2001, ie. from 01.10.01 to 20.10.01. Therefore a higher monthly income must have been taken, contends the learned counsel. 5. The learned counsel for the insurance company points out that in any view of the matter, the impugned award under the head of loss of dependency is excessive and by no stretch of imagination can it be held that the amount awarded under that head is low. The learned counsel for the insurance company further contends that relatively huge amounts have been awarded under the head of pain and suffering (Rs.25,000/-) and loss of love and affection (Rs.15,000/-). The total amount of compensation awarded can by no stretch of imagination be held to be not fair, reasonable or just, contends the learned counsel. 6. We take note of the dictum in Sarla Verma v. Delhi Transport Corporation [(2009) 6 SCC 121]. Even if we take Rs.4,500/- as the monthly income of the deceased for the purpose of ascertaining loss of dependency, one half has to be M.A.C.A No.2910 of 2008-C 4 reduced to provide for personal expenses of the deceased. The mother of the deceased was of the age group 50-55 years and 11 alone could have been taken as the multiplier. We are satisfied that the amount of Rs.3,12,000/- awarded under the head of loss of dependency does not merit or warrant appellate interference at the instance of the appellants. No other grounds are raised. We are satisfied that the impugned award does not warrant interference by invoking our appellate jurisdiction under Section 173 of the Motor Vehicles Act. 7. This appeal is, in these circumstances, dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/