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 29TH MARCH 2011 / 8TH CHAITHRA 1933 MACA.No. 2135 of 2008() ---------------------------------- OPMV.3301/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/PETITIONERS IN OPMV: ------------------------------------------------------- 1. MERCY SEBASTIAN, W/O.LATE P.J. SEBASTIAN PALLIPARAMBIL HOUSE, VADUTHALA, KOCHI-23. 2. NICY SEBASTIAN, D/O.LATE P.J. SEBASTIAN, PALLIPARAMBIL HOUSE, VADUTHALA, KOCHI-23. 3. NEENU SEBASTIAN (MINOR), AGED 14 YEARS, D/O.LATE P.J. SEBASTIAN, PALLIPARAMBIL HOUSE, VADUTHALA, KOCHI-23, REPRESENTED BY HER NEXT FRIEND MOTHER 1ST APPELLANT MERCY SEBASTIAN. BY ADV. SRI.P.V.BABY RESPONDENTS/RESPONDENTS IN OPMV: ------------------------------------------------------------- 1. N.M. GEORGE, S/O.MATHAI, NELLIKUNNEL HOUSE, KADALIKKADU P.O., MUVATTUPUZHA. 2. T.M. GEORGE, S/O.MATHAI, THEYAMPURATH HOUSE, VALAMPOOR, MAZHUVANNUR VILLAGE, KUNNATHUNADU TALUK. 3. THE UNITED INDIA INSURANCE CO. LTD. DIVISIONAL OFFICE, KOCHI-16. 4. K.K. PARAMESWARAN, M/S.CONSTRUCTION HOUSE, HILL PALACE ROAD, TRIPUNITHURA. 5. A.V. KAMALAN, S/O.VELAYUDHAN, ARYA VEETTIL, CITIZEN LANE, JANATHA ROAD, PALARIVATTOM, KOCHI-25. 6. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, TRIPUNITHURA. R6 BY ADV. SRI.E.M.JOSEPH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------------------------- M.A.C.A.No. 2135 OF 2008 --------------------------------------------- Dated this the 29th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV)No.3301/2000 on the file of Motor Accidents Claims Tribunal, Ernakulam. They are the widow and two minor children of deceased Sebastian who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated September 25, 2007 awarding a compensation of Rs.10,15,000/- for the loss caused to them on account of the death of deceased in that accident. 2. The accident occurred on May 23, 2000 at about 5.30 p.m. near Bye-pass road at Palarivattom, Erankulam. While the deceased was riding a scooter bearing registration No.KL-7A-3637 along with his son as pillion rider and when he reached near Palarivattom-Bye pass road a bus bearing registration No.KL-7T-501 owned and driven by and insured with respondents 1 to 3 respectively came at a high speed and knocked him down. Deceased Sebastian MACA No.2135/2008 -2- fell down on the right side of the scooter. At this time a Mini lorry bearing registration No.KL-7Y-5216 owned and driven by and insured with respondents 4 to 6 respectively came at a high speed and ran over the deceased Sebastian. Deceased Sebastian sustained serious injuries and he died on the way to the hospital. Claimants filed OP before the Tribunal under Section 166 of the Motor Vehicles Act claiming a compensation of Rs.16,00,000/- alleging negligence against the drivers of both the vehicles. . 3. Only respondents 3 and 6, the insurers of the offending vehicles contested the matter. They filed separate written statements admitting the the policy of the vehicles involved in the accident but attributed negligence to the driver of the other vehilce. 4. This OP was jointly tried along with OP No.2726/2000 of another injured person and a common awarded was passed by the Tribunal. 5. PW1 was examined and Exts. A1 to A16 were marked on the side of the claimants before the Tribunal. No MACA No.2135/2008 -3- evidence was adduced on the side of the contesting respondents 3 and 6. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of 2nd respondent and awarded a compensation of Rs.10,15,000/- with interest at the rate of 7.5% per annum from the date of petition till date of award and thereafter at 8% till realisation and proportionate costs against respondents 1 to 3. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the counsel for the claimants. Though notice was served on the third respondent insurance company, they remained absent. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 2nd respondent is not seriously challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. MACA No.2135/2008 -4- 8. The Tribunal awarded a total compensation of Rs.10,15,000/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs. 9,60,000/- Transportation expense - Rs. 2,500/- Funeral expenses - Rs. 2,500/- Pain and suffering - Rs. 10,000/- Loss of consortium - Rs. 15,000/- Loss of love and affection - Rs. 15,000/- Loss of estate - Rs. 10,000/- -------------------- Total Rs.10,15,000/- ======== 9. Counsel for the claimants sought enhancement of compensation for loss of dependency and on other heads. 10. The Tribunal took the monthly income of the deceased as Rs.15,000/-. Tribunal deducted 1/3rd towards recoveries made in his salary and further deducted 1/3rd for personal expenses of the deceased and adopted a multiplier of 13 and awarded Rs.9,60,000/- for loss of dependency. Taking into consideration of the fact that deceased was a MACA No.2135/2008 -5- Sub Engineer in Kerala State Electricity Board and that he was drawing a salary of Rs.13,299/- as seen from Ext.A11 salary certificate and having regard to his future prospects we feel that his monthly contribution to his family can be reasonably fixed as Rs.8,000/- which come to Rs.96,000/- per annum. As the deceased was aged 45 at the time of accident. Multiplier of 13 would be reasonable in this case. Thus calculated for the loss of dependency claimants are entitled to a compensation of Rs.96,000 x 13 = 12,48,000/-. Thus on this count, the claimants are entitled to an additional compensation of Rs.2,88,000/-. 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 appellants are found entitled to an additional compensation of Rs.2,88,000/-. Claimants are entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate costs. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of MACA No.2135/2008 -6- receipt of a copy of this judgment with notice to the appellants. 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 AMG True copy P.A. to Judge