IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 MACA.No. 1164 of 2009() ----------------------- OPMV.1639/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ 1. M.V.SAROJINI, AGED 46 YEARS, W/O.LATE MR.RAGHAVAN, MEETHALE VEETTIL HOUSE, NANMINDA, KOZHIKODE. 2. M.V.SUDHEESH,AGED 19 YEARS, S/O. LATE MR.RAGHAVAN, MEETHALE VEETTIL HOUSE, NANMINDA, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS -------------------------- 1. K.M.SUNIL KUMAR, S/O. K.M.BHASKARAN, SANTHI NIVAS, KARUMALA POST, BALUSSERY, KOZHIKODE. 2. A.K.PRADEESH,S/O.A.K. ACHUTHAN, LAKSHAM VEEDU COLONY,KAPPURAM, BALUSSERY, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD. KALLAI ROAD, KOZHIKODE. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1164 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.1639/2003 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode. They are the widow and son of deceased Raghavan who died in a motor accident. On March 14, 2003 at about 6.45 a.m., while the deceased was riding his bycycle, he was knocked down from behind by a lorry bearing Reg.No.KL-11-A-6967. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on April 9, 2003. Alleging negligence against the driver of the lorry the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.6,00,000/-. 2. Respondents 1 and 2 remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. 3. Pws 1 and 2 were examined and Exts.A1 to A7 were marked MACA.No.1164/2009 2 on the side of the claimants before the Tribunal. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the driver of the lorry and awarded a total compensation of Rs.1,90,787/- with interest at the rate of 7.5% 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 the 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 lorry 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.1,90,787/-. The break up of the compensation amount awarded is as under: Dependency - Rs. 1,61,333/- Consortium - Rs. 10,000/- Pain and suffering - Rs. 10,000/- Medical bills - Rs. 2,704/- MACA.No.1164/2009 3 Incidental charges - Rs. 3,000/- Transportation - Rs. 1,250/- Funeral expenses - Rs. 2,500/- 7. The Counsel for the claimants sought enhancement of the compensation for the loss of dependency. 8. The Tribunal took the annual income of the deceased as Rs. 22,000/- and deducted 1/3 for his personal expenses and adopted a multiplier of 11 as the deceased was aged 55 at the time of the accident and awarded Rs. 1,61,333/- for loss of dependency. According to the claimants, deceased was an agent of newspaper and also doing polishing work in M/s. Kairali Good Works, Nanminda. Ext.A6 is the certificate issued by PW1, agent of Malayala Manorama newspaper who testified that he used to pay Rs. 125/- per day to the deceased. PW2 is the person who issued Ext.A7, who testified that he used to pay Rs.100/- per day to the deceased for doing polishing work. Taking into consideration all these aspects, 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 MACA.No.1164/2009 4 to his family. The Tribunal adopted a multiplier of 11 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 2,64,000/- ( 24,000 x 11). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,02,667/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 9. In the result, the claimants are found entitled to an additional compensation of Rs. 1,02,667/- with interest @ 7.5% 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.1164/2009 5 MACA.No.1164/2009 6