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 11TH MARCH 2010 / 20TH PHALGUNA 1931 MACA.No. 584 of 2005() ---------------------- OPMV.3906/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM APPELLANT(S): CLAIMANTS 1 TO 3 IN OP(MV): ---------------------------------------------------- 1. M.C.RAJAPPAN ACHARI, S/O. SASTHAVA ACHARI (DIED ON 20-05-01). 2. MEENAKSHI AMMAL, AGED 55 YEARS, W/O. LATE RAJAPPAN ACHARI. 3. SUJITHA, AGED 28 YEARS, D/O. LATE RAJAPPAN ACHARI. ALL ARE RESIDING AT SASTHA MANDIRAM, DOOR NO.36/2286, AZAD ROAD, KALOOR, COCHIN-17. BY ADV. SRI.R.SUDHISH RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. M.ABDUL KADER, S/O. MAEMEERAN, KUKRUVIKATTIL HOUSE, CHITTUR KARA, CHITTUR VILLAGE PATHANAMTHITA DISTRICT. 3. THULASI BHAI, W/O. UNNIKRISHNAN, PLAMPARAMBIL HOUSE, S. PURAM, KURICHY, CHANGANACHERRY. 4. THE NEW INDIA ASSURANCE COMPANY LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, KANDOMKULATHY BUILDINGS, M.G. ROAD, COCHIN-11. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R4 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 584 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 11th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.3906 of 1996 of the Motor Accidents Claims Tribunal, Ernakulam challenge the judgment and award of the Tribunal dated February 28, 2004, awarding a compensation of Rs.2,02,500/- for the loss caused to them, on account of the death of Sunil Kumar in a motor accident. 2. The facts leading to this appeal in brief are these:- Claimants are the parents and sister of deceased Sunil Kumar. During the pendency of the petition the first claimant, father of the deceased, died. Claimants 2 and 3 are his legal heirs. Deceased was aged 26 at the time of his death and was earning Rs. 4,000/- per month as a Goldsmith. On March 15, 1996 at about 10.15 p.m. Sunil MACA 584/2005 2 Kumar was travelling in an auto rickshaw bearing registration No. KL7/B 9624 along M.C. Road. When he reached near Llayikad, a K.S.R.T.C. Super Fast bus bearing registration No.KL-15/1653 (T.A. No.536) came at a high speed and dashed against the auto rickshaw, in which Sunil Kumar was travelling. He died on the spot. According to the claimants, the accident occurred due to the negligence on the part of the driver of the bus. The first respondent as the owner and second respondent as the driver of the bus are jointly and severely liable to pay the compensation to the claimants. Owner as well as the insurer of the auto rickshaw were subsequently impleaded as additional respondents 3 and 4. 3. The first respondent is the Managing Director of the K.S.R.T.C. Respondents 1 and 2 filed a written statement admitting the accident, but contending that the accident occurred due to the negligence on the part of the driver of the auto rickshaw. The third respondent remained absent and was set ex parte by the Tribunal. The fourth MACA 584/2005 3 respondent insurer of the auto rickshaw filed a written statement, admitting the policy , but contending that the incident occurred due to the negligence of the second respondent. 4. The second claimant, mother of the deceased, was examined as PW1 and Exts.A1 to A7 were marked on the side of the claimants. No evidence was adduced by contesting respondents 1, 2 and 4. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.2,02,500/- with interest at the rate of 9% p.a. from the date of petition till realization and costs. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard learned counsel appearing for the appellants and learned counsel for respondents 1, 2 and 4. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred is due to the negligence on the part of the second respondent is not challenged in this appeal. Therefore, the only question which arises for MACA 584/2005 4 consideration is whether the claimants are entitled to any enhanced compensation. 7. Tribunal awarded a total compensation of Rs.2,02,500/-. The break up of the compensation awarded is as under:- Loss of dependency : Rs.1,80,000/- Transportation and funeral : Rs.5,000/- expenses. Pain and suffering : Rs.5,000/- Loss of love and affection : Rs.10,000/- Loss of estate : Rs.2,500/- ------------------ Rs.2,02,500/- ======== 8. The learned counsel for the appellants has mainly sought enhancement of compensation for the loss of dependency and for the loss of love and affection. The deceased was aged 26 at the time of the accident. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses, the balance Rs.1,000/- was taken as his monthly contribution to his family. The Tribunal adopted a multiplier of 15 and awarded Rs.1,80,000/- for the loss of dependency. MACA 584/2005 5 The learned counsel for the appellants argued that since the deceased was employed as a Goldsmith, his monthly income should have been taken as Rs.4,0000/-. PW1, the mother of the deceased, has testified to that effect. Therefore, we feel that the monthly income of the deceased can be taken as Rs.3,000/- per month. After deducting 1/3rd for his personal expenses, Rs.2,000/- per annum can be taken as his contribution to his family, which works out Rs.24,000/- per month. The multiplier adopted by the Tribunal as 15 is not seriously disputed. Thus, for the loss of dependency the claimants are entitled to Rs.3,60,000/- (Rs.2,000/- x 12 x 15). Therefore, the claimants are entitled to additional compensation of Rs.1,80,000/-. 9. For the loss of love and affection, Rs.10,000/- was awarded by the Tribunal, which appears to be very low. Taking into consideration the fact that the deceased was the only son of claimants 1 and 2, we feel that a compensation of Rs.15,000/- can be granted to the claimants for the loss of love and affection. Regarding the compensation awarded MACA 584/2005 6 under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 10. Thus, the claimants 2 and 3 are entitled to additional compensation of Rs.1,85,000/- with interest at 9% p.a. from the date of petition till realization with proportionate costs. The first respondent, the owner of the bus involved in the accident, and 4th respondent, the insurer of the auto-rickshaw involved in the accident, shall deposit the compensation amount awarded at the ratio fixed by the Tribunal within two months from the date of receipt of copy of this judgment. The order of the Tribunal is modified as found above. In the result, the appeal is disposed of as above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.