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 8TH JUNE 2010 / 18TH JYAISTHA 1932 MACA.No. 331 of 2004() ---------------------- OPMV.2194/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... : APPELLANTS/PETITIONERS ------------------------------------ 1. K.V.MATHAI, S/O. VARGHESE, KEEKKATTIL HOUSE, VALLAMKULAM, KOZHIMALA, THIRUVALLA, RESIDING AT SREE NARAYANA HILLS, MADAPPALLY VILLAGE, CHANGANACHERRY. 2. K.M.VARUGHESE, S/O. MATHAI, KEEKKATTIL HOUSE, VALLAMKULAM, KOZHIMALA, THIRUVALLA, RESIDING AT SREE NARAYANA HILLS, MADAPPALLY VILLAGE, CHANGANACHERRY 3. K.M.THOMAS, S/O. MATHAI, KEEKKATTIL HOUSE, VALLAMKULAM, KOZHIMALA, THIRUVALLA, RESIDING AT SREE NARAYANA HILLS, MADAPPALLY VILLAGE, CHANGANACHERRY. 4. BINSY K.MATHEW, D/O. MATHAI, KEEKKATTIL HOUSE, VALLAMKULAM, KOZHIMALA, THIRUVALLA, RESIDING AT SREE NARAYANA HILLS, MADAPPALLY VILLAGE, CHANGANACHERRY BY ADV. SRI.P.A.MOHAMMED ASHROF SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): RESPONDENTS --------------- 1. SEBASTIAN THOMAS, S/O. M.T.THOMAS, KOCHUMANNIL HOUSE, MARAMON P.O., THIRUVALLA 2. N.K.SADANANDAN, S/O. KOCHUKUNJU, NUKATHILAYA PADINJATTETHIL, KADAPRA P.O., KUMBANAD 3. THE ORIENTAL INSURANCE CO. LTD., KANJIKUZHY, KOTTAYAM DISTRICT ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 331 of 2004 ------------------------------------------------------ Dated: JUNE 8, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimants in OP(MV) 2194/1997 on the file of the Motor Accidents Claims Tribunal, Kottayam, challenge the judgment and award of the Tribunal dated March 31, 2003 awarding a compensation of Rs.2,10,000/- for the loss caused to the claimants on account of the death of deceased Aleyamma in a motor accident. 2. The facts leading to this appeal in brief are these: The deceased was aged 49 at the time of accident and was earning a salary of Rs.3019/- as a Peon in M.G. University, Kottayam. On August 19, 1997 at about 9 a.m. the deceased was walking along the side of Kozhencherry road. At that time she was knocked down by a bus bearing registration No.KL 3A/6134 driven by the 2nd respondent. She sustained serious injuries and she succumbed to the injuries sustained while undergoing treatment in the hospital. The claimants are her husband and children. According to the claimants the M.A.C.A. 331 of 2004 2 accident occurred due to negligence on the part of the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimants. The claimants claimed a compensation of Rs.4 lakhs. 3. Respondents 1 and 2, the owner and the driver of the offending vehicle, remained absent before the Tribunal. The 3rd respondent, insurer of the offending vehicle, filed a written statement admitting the policy. 4. Exts.A1 to A8 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.2,10,000/- with interest at 9% per annum from the date of the petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. 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 offending bus is not challenged in this appeal. Therefore, the M.A.C.A. 331 of 2004 3 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.2,10,000 /-. The break up of the compensation awarded is as under:- loss of dependency - Rs.1,92,000/- loss of consortium - 10,000/- pain and suffering - 5,000/- funeral expenses - 2,000/- transportation - 1,000/- 8. The Counsel for the appellants/claimants sought enhancement of the compensation awarded for the disability caused, loss of consortium and loss of love and affection. The Tribunal took the monthly income of the claimant as Rs.3000/- and after deducting 1/3rd for her personal expenses, took Rs.2000/- per month as her monthly contribution to the family and adopting a multiplier of 8 awarded a compensation of Rs.1,92,000/- for the loss of dependency. The claimant was aged 49 at the time of the accident and was employed as a sweeper in the M.G .University. Ext.A8 is her salary certificate which shows that she was drawing a monthly salary of Rs.3019/-. In the light of Ext.A8 the Tribunal was justified in taking the monthly income of the deceased as Rs.3000/-. The claimants are her husband and children. Therefore in the light of the principles laid M.A.C.A. 331 of 2004 4 down in Sarla Varma v. Delhi Transport Corporation and another (2009 (6) SCC 121), we feel that one-fourth of her income can be deducted for her personal expenses and the balance amount of Rs.27,000/- per annum can be taken as her contribution to the family. The multiplier adopted is not seriously challenged. Thus for the loss of dependency, the claimants are entitled to a compensation of Rs.3,51,000/- (Rs.27000 x 13). Thus, on this count the claimants are entitled to an additional compensation of Rs.1,59,000/-. 9. For the loss of consortium and loss of love and affection, Rs.10,000/- was awarded by the Tribunal, which appears to be very low. For the loss of love and affection, we feel that an additional compensation of Rs.15,000/- would be reasonable. Thus, on this count the claimants are entitled to an additional compensation of Rs.15,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. Thus the claimants are entitled to an additional compensation of Rs.1,74,000/-. They are entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from M.A.C.A. 331 of 2004 5 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 mt/-