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 8TH APRIL 2010 / 18TH CHAITHRA 1932 MACA.No. 1292 of 2008() ----------------------------------- OPMV.699/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/PETITIONERS ----------------------------------------- 1. HAIRUNEESA, W/O.MOHAMMED IBRAHIM, RESIDING AT 20/259, PUDUPPALLI STREET, NOORANI, PALAKKAD. 2. FASLA, D/O.MOHAMMED IBRAHIM, RESIDING AT 20/259, PUDUPPALLI STREET, NOORANI, PALAKKAD. 3. FABITHA, D/O.MOHAMMED IBRAHIM, RESIDING AT 20/259, PUDUPPALLI STREET, NOORANI, PALAKKAD. 4. AMINABEE, W/O.SULAIMAN, RESIDING AT 20/259, PUDUPPALLI STREET, NOORANI, PALAKKAD. BY ADV. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN. RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. P. PALANIVEL, S/O.MARAPPAN, 26 NIT BATA RAILWAY CROSSING, HARIDABAD, HARIYANA STATE. 2. G. MURUGAIAH, S/O.GOVINDAN, 38 PILLAIYAR KOIL STREET, INDIRA NAGAR, BODUPATHI (P.O), NAMAKKAL, TAMIL NADU. MACA.No. 1292 of 2008 3. THE NEW INDIA INSURANCE COMPANY LIMITED NAMAKKAL DIVISIONAL OFFICE, 2 PARAMATHY ROAD, NAMAKKAL - 637 001. 4. N. SELVI, 27 SENNIMALA STREET, PULIYAMPATTI, SAKTHI, (SATHYA MANGALAM), TAMIL NADU. 5. P. MAYILSWAMY, S/O.PONNUSWAMY, 2/30, THOTTIPALAYAM, DESHIPALAYAM, SAKTHI (SATHYA MANGALAM), TAMIL NADU. 6. THE ORIENTAL INSURANCE COMPANY LIMITED, COIMBATORE. R3 BY ADV. SRI.LAL GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1292 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 8th day of April, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.699 of 2001 of the Motor Accidents Claims Tribunal, Palakkad challenge the judgment and award of the Tribunal dated July 7, 2007 awarding a compensation of Rs.1,97,000/- for the loss caused to them, on account of the death of Nadir in a motor accident. 2. The facts leading to this appeal, in brief, are these:- Deceased Nadir was aged 16 and was studying in Plus Two. He was also working as Receptionist, according to the claimants. The claimants are his mother, sisters and grandmother. On February 7, 2001 at about 3.15 p.m. Nadir was pillion riding on a motor cycle bearing registration No.TN-55/D/5590, which was ridden by his father, Mohammed Ibrahim. At that time a goods vehicle bearing MACA 1292/2008 2 registration No. HR-29/9647 collided head on with a tempo van bearing registration No.TN-36B 6826 and the tempo van in turn dashed against the motor cycle. Nadir as well as his father sustained serious injuries and succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, the accident occurred due to the negligence on the part of the drivers of the goods vehicle and the tempo van. Respondents 1 to 3 as the owner, driver and insurer of the goods vehicle and respondents 4, 5 and 6 as owner, driver and insurer of the tempo van are jointly and severely liable to pay the compensation to the claimants. The claimants claimed compensation of Rs.5,00,000/-. 3. Respondents 1, 2, 4 and 5 remained absent and they were set ex-parte by the Tribunal. The thid respondent insurer of the goods vehicle filed a written statement, admitting the policy, but contending that the incident occurred due to the negligence of the driver of the tempo van. The fifth respondent, insurer of the tempo van, on the MACA 1292/2008 3 other hand, admitted the policy but contended that the accident occurred due to negligence on the part of the driver of the goods vehicle. 4. The claimants have filed O.P. No.789 of 2001, claiming compensation for the death of Mohammed Ibrahim. Both these petitions were jointly tried by the Tribunal and a common award was passed. 5. PW1 was examined and Exts. A1 to A10 were marked on the side of the claimants. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.1,97,000/- with interest at the rate of 7.5 % p.a. from the date of petition till realization and cost. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the appellants/claimants and the learned counsel for the third respondent Insurance Company. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence MACA 1292/2008 4 on the part of the second respondent, driver of the goods vehicle, is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation ? 8. The Tribunal awarded a total compensation of Rs.1,97,000/-. The break up of the compensation awarded is as under:- Loss of dependency : Rs.1,60,000/- Loss of love and affection : Rs.30,000/- Loss of estate : Rs.5,000/- Funeral expenses : Rs.2,000/- ------------------ Total : Rs.1,97,000/- ======== 9. The learned counsel for the appellants has sought enhancement of the compensation for the loss of dependency. The Tribunal took the income of the deceased as Rs.15,000/- per annum, as shown in the structured formula of the Second Schedule of the Motor Vehicles Act, as there was no document to prove the same, adopted the multiplier of 16 and awarded a compensation of Rs.1,60,000/- for the loss of dependency. The claimant was MACA 1292/2008 5 admittedly a Plus Two student. According to the claimants, he was also working as a Receptionist. Taking into consideration all these aspects, we feel that his monthly income can reasonably be fixed at Rs.2,500/-. After deducting 1/3rd for his personal expenses, the balance amount of Rs.20,000/- p.a. can be taken as his monthly contribution to the family. The multiplier adopted by the Tribunal is not seriously challenged in this appeal. Thus, for the loss of dependency, the claimants are entitled to Rs.3,20,000/- (Rs.20,000/- x 16). Thus, on this count, the claimants are entitled to an additional compensation of Rs.1,60,000/-. 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.1,60,000/- with interest at 9% p.a. from the date of petition till realization and proportionate cost. The third respondent, being the insurer of the offending vehicle, shall deposit the amount within MACA 1292/2008 6 two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified as found above. The appeal is disposed of as above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.