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 14TH MARCH 2011 / 23RD PHALGUNA 1932 MACA.No. 2432 of 2010() ----------------------- OPMV.577/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONERS IN OPMV --------------------------------- 1. BABY, W/O. LATE KRISHNANKUTTY, AGED 49 YEARS, 2. DANISH P.K., S/O. LATE KRISHNANKUTTY, AGED 26 YEARS, BOTH ARE RESIDING AT PACHILAMAKKAL HOUSE, P.O.NEELESWARAM, VIA KODUVALLY, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OPMV ---------------------------------- 1. VASU, S/O. UNNAMAN, AGED 42 YEARS, ORAMKUZHIYIL VEEDU, P.O.MANASSERY, MUKKOM, KOZHIKODE DISTRICT-673 602. 2. UNITED INDIA INSURANCE CO. LTD., WHITE LINE BUILDING, KALLAI ROAD, KOZHIKODE DISTRICT, KOZHIKODE P.O., KOZHIKODE-673 001. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 SRI.P.JACOB MATHEW FOR R2(B/O) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2432 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV) No.577/2008 on the file of the Motor Accidents Claims Tribunal, Principal Motor Accidents Claims Tribunal, Kozhikode. They are the mother and brother of deceased Darish who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated December 9, 2009 awarding a compensation of Rs. 2,90,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On April 29, 2007 at about 12.30 p.m., while the deceased was riding his motor cycle bearing Reg.No.KL-13-J-134 along Kozhikode-Mukkom road and when he reached at Manassery, the motor cycle dashed against another motor cycle bearing Reg.No.KL- 57/1191 driven by the first respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the first respondent, the claimants filed the OP under Sec.166 of the Motor MACA.No.2432/2010 2 Vehicles Act claiming a compensation of Rs.4,58,300/-. 3. Respondents 1 and 2, the owner-cum-rider and the insurer of the offending motor cycle filed written statements admitting the policy, but attributed negligence to the deceased. 4. Exts.A1 to A3 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a compensation of Rs.2,90,000/- with interest at the rate of 7% per annum from the date of petition till realisation and a cost of Rs.1,500/-. 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 first 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. MACA.No.2432/2010 3 7. The Tribunal awarded a total compensation of Rs.2,90,000/- The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 1,500/- Damage to clothing - Rs. 500/- Pain and suffering - Rs. 5,000/- Funeral expenses -Rs. 3,000/- Loss of love and affection - Rs.10,000/- Loss of estate - Rs.10,000/- Loss of dependency - Rs.2,60,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.2,500/- which works out to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 13 and awarded Rs. 2,60,000/- for loss of dependency. Deceased was a Carpenter aged 22 earning Rs.3,300/- per month, according to the claimants. Taking into consideration the above aspect, 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 MACA.No.2432/2010 4 Rs. 24,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 13 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.3,12,000/- ( 24,000 x 13). Thus on this count, the claimants are entitled to an additional compensation of Rs.52,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the claimants are found entitled to an additional compensation of Rs.52,000/-. They are entitled to interest @ 7% per annum from the date of petition till realisation and proportionate cost. The second 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. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE sv. True copy P.A. to Judge