IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 MACA.No. 2545 of 2009() ----------------------- OPMV.1977/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONERS: ---------------------------------------------- 1. MANIYAMMA,W/O.LATE MOHANDAS,KUNNEL NIKARTH (KOCHUTHARA),PATTANAKKAD,CHERTHALA, ALAPPUZHA DISTRICT. 2. RUPESH,S/O.LATE MOHANDAS,KUNNEL NIKARTH (KOCHUTHARA),PATTANAKKAD,CHERTHALA, ALAPPUZHA DISTRICT. 3. SHALINI,D/O.LATE MOHANDAS,KUNNEL NIKARTH (KOCHUTHARA),PATTANAKKAD,CHERTHALA,ALAPPUZHA DISTRICT. 4. PANKAJAKSHY,W/O.KUMARAN,KUNNEL NIKARTH (KOCHUTHARA),PATTANAKKAD,CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SRI.NIDHI BALACHANDRAN, SRI.SABU GEORGE. RESPONDENT(S): --------------------------- 1. JOSE GEORGE,CHIRAMEL HOUSE, PATHIRAPPALLY(P.O),ALAPPUZHA. 2. JOJI VARGHESE,KATTIKATTU,THUMPOLLY(P.O), ALAPPUZHA. 3. ORIENTAL INSURANCE COMPANY LTD, ANNAPPURNA MANDIR,MULLACKAL,ALAPPUZHA. R1 BY ADV. SRI.ABDUL JALEEL.A R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 2545 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.1977 of 2004 of the Motor Accidents Claims Tribunal, Alappuzha challenge the judgment and award of the Tribunal dated July 8, 2008 awarding a compensation of Rs.2,40,000/- for the loss caused to them, on account of the death of one Mohandas in a motor accident. 2. The facts leading to this appeal in brief are these:- Deceased Mohandas was a Coir Factory Worker and was earning Rs.5,000/- per month. Claimants are his wife, children and mother. On May 22, 2003 at about 12 noon deceased Mohandas was cycling along Alappuzha - Ernakulam NH 47. When he reached in front of Milma Cattle Feed Plant at Thuravoor, he was knocked down by a Maruthi Van bearing registration No. KL-4D 2364, driven by MACA 2545/2009 2 the first respondent. He sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, the incident occurred due to the negligence on the part of the first respondent, driver of the offending Maruthi Van. The first respondent as the driver, second respondent as the owner and third respondent as the insurer of the Maruthi Van are jointly and severally liable to pay the compensation to the claimants who are the legal heirs and dependents of the deceased. The claimants claimed a compensation of Rs.10 lakhs. 3. Respondents 1 and 2, driver and owner of the offending Maruthi Van, remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending Maruthi Van, filed a written statement, admitting the policy and further contended that the accident occurred due to the negligence on the part of the deceased. 4. Exts. A1 to A6 were marked on the side of the claimants. No evidence was adduced by the contesting third MACA 2545/2009 3 respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.2,40,000/- with interest at the rate of 7.5% p.a. from the date of petition till realization and a cost of Rs.2,500/-. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellants and the learned counsel for respondents 1 and 3. 6. 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 claimant is entitled to any enhanced compensation ? 7. The Tribunal awarded a total compensation of Rs.2,40,000/-. The break up of the compensation awarded is as under:- Compensation for pecuniary : Rs.2,08, 000/- loss. Loss of love and affection : Rs. 10,000/- MACA 2545/2009 4 Loss of consortium to : Rs. 10,000/- the first petitioner. Medical and other incidental : Rs. 1,000/- expenses. Pain and suffering : Rs. 5,000/- Ambulance charge. : Rs. 3,000/- Funeral expenses : Rs. 3,000/- ------------------ Total : Rs.2,40,000/- ======== 8. The learned counsel for the appellants mainly sought enhancement of the compensation for the loss of dependency. 9. The Tribunal took the monthly income of the deceased as Rs.2,000/- and after deducting 1/3 for his personal expenses, balance amount of Rs.16,000/- per annum was taken as his contribution to his family. The Tribunal adopted a multiplier of 13, as deceased was aged 48 at the time of the accident and awarded a compensation of Rs.2,08,000/- for loss of dependency. According to the claimants, deceased was a Coir Factory Worker and was earning Rs.5,000/- per month. Taking into consideration the above fact, we feel that monthly income of the deceased can MACA 2545/2009 5 be reasonably fixed at Rs.3,000/-. After deducting 1/3rd for his personal expenses, the balance amount of Rs.2,000/- will be taken as his monthly contribution to his family. The multiplier of 13 adopted by the Tribunal is not seriously challenged. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.3,12,000/-. On this count, the claimants are entitled to an additional compensation of Rs.1,04,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 10. In the result, the claimants are entitled to an additional compensation of Rs.1,04,000/- with interest at 7.5% p.a. from the date of petition till realization with proportionate costs. The third respondent Insurance Company 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 as found above. MACA 2545/2009 6 In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.