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 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 MACA.No. 827 of 2005() ---------------------- OPMV.1411/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANTS ------------------------ 1. SANTY, AGED 30, W/O.LATE SAJU, KUZHUVELIL HOUSE, KOZHIPILLY KARA, VARAPETTY, KOTHAMANGALAM TALUK. 2. ANJANA, AGED 13 YEARS, (DATE OF BIRTH 9.8.91), D/O.LATE SAJU, RESIDING AT KUZHUVELIL HOUSE, MINOR, REPRESENTED BY HER MOTHER SANTY. 3. AKHILA, AGED 11 YEARS, (DATE OF BIRTH 13.4.93), D/O.LATE SAJU, RESIDING AT KUZHUVELIL HOUSE, MINOR, REPRESENTED BY HER MOTHER SHANTY. 4. ANJU, AGED 7 YEARS, (DATE OF BIRTH 28.10.1997), D/O. LATE SAJU RESIDING AT KUZHUVELIL HOUSE, MONIR, REPRESENTED BY HER MOTHER SHANTY. 5. CHERIAN, AGED 69, S/O.VARKEY, RESIDING AT KUZHIVELIL HOUSE. 6. SARAMMA, AGED 64 YEARS, W/O.CHERIAN, RESIDING AT KUZHIVELIL HOUSE. BY ADV. SMT.E.V.MOLY RESPONDENT(S): --------------- 1. P.M.KURIAKOSE, S/O.MATHAI, PUTHUSERRY HOUSE, PANIPRA P.O., KOTHAMANGALAM. MACA.NO.827/2005 2. REJI KURIAKOSE, S/O.KURIAKOSE, THETTIKODEN HOUSE, KURUPPANPADY, PERUMBAVOOR. 3. M/S.UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PERUMBAVOOR-683 542. 4. K.V.BABY, S/O.K.V.VELAYUDHAN, KUDAVATHIL HOUSE, CHENGAL, KALADY-683 574. 5. ANTONY.P.T., S/O.THOMAS, PADAYATTY HOUSE, CHENGAL, KALADY VADAKKUMBAGAM VILLAGE. 6. M/S.NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, P.B.NO.89, URAMBATH BUILDING, PUMP JUNCTION, ALUVA. ADV. SRI.T.J.LAKSHMANAN IYER FOR R3 SRI.M.A.GEORGE FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.827 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1411/2000 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. They are the wife, children and parents of deceased Saju who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated November 27, 2004 awarding a compensation of Rs.3,25,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On August 22, 2000 at about 9 a.m., the deceased was travelling in a bus bearing Reg.No.KL-6/9844 driven by the second respondent along Aluva-Munnar road. When he reached at Kuruppumpady, the bus collided head on with another bus bearing Reg.No.KL-7/F-2325 driven by the fifth respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on the same day. Alleging MACA.No.827/2005 2 negligence against the drivers of both the vehicles , the claimants filed the OP under Sec.166 (1) ( c) of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. 3. Respondents 1 to 3 are the owner, driver and insurer of the bus bearing Reg.No.KL-6/9844. Respondents 4 to 6 are the owner, driver and insurer of the bus bearing Reg.No.KL-7/F-2325. Respondents 1, 2, 4 and 5 remained absent before the Tribunal. Respondents 3 and 6, the insurers of the vehicles filed written statements admitting the policy of the respective vehicle. 4. PW1 was examined and Exts.A1 to A8 were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.3,25,000/- with interest at the rate of 9% per annum from the date of petition till realisation against respondents 1 to 3. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.827/2005 3 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Companies. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.3,25,000/- The break up of the compensation amount awarded is as under: Transportation - Rs. 1,000/- Funeral expenses - Rs. 3,000/- Pain and suffering - Rs. 5,000/- Loss of dependency - Rs.2,56,000/- Loss of consortium - Rs. 15,000/- Loss of love and affection - Rs. 45,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency and for loss of consortium. 9. The Tribunal took the monthly income of the deceased as Rs.2,000/- which works out to Rs. 24,000/- per annum. After deducting MACA.No.827/2005 4 1/3 for his personal expenses, the balance amount of Rs. 16,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 16 and awarded Rs. 2,56,000/- for the loss of dependency. According to the claimants, deceased was working as a Sales Manager in a Textile shop at Perumbavoor earning Rs. 4,000/- per month. Ext.A8 is the certificate issued by the employer to that effect. The employer was examined as PW1 before the Tribunal. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,500/- which comes to Rs. 42,000/- per annum. As there are three minor children, only 1/5 of the income of the deceased need be deducted for his personal expenses. After deducting 1/5 for his personal expenses, the balance amount of Rs. 33,600/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 16 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.5,37,600/- ( 33,600/- x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.2,81,600/-. MACA.No.827/2005 5 10. The Tribunal awarded Rs. 10,000/- for loss of consortium which appears to be very low. Taking into consideration the age of the deceased as well as the first claimant widow, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimants are found entitled to an additional compensation of Rs. 2,91,600/-. They are entitled to interest @ 9% 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.827/2005 6 MACA.No.827/2005 7