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 16TH MARCH 2010 / 25TH PHALGUNA 1931 MACA.No. 233 of 2008() --------------------------------- OPMV.1505/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS IN OP (MV) --------------------------------------------------------- 1. KOMALAM, W/O.LATE NARAYANANKUTTY, CHAMAPARAMBIL HOUSE, ANNALLUR VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. SMITHA @ SEEMA, D/O.LATE NARAYANANKUTTY, CHAMAPARAMBIL HOUSE, ANNALLUR VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. JITHA. C.N., D/O.LATE NARAYANANKUTTY, CHAMAPARAMBIL HOUSE, ANNALLUR VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 4. SOORAJ. C.N., S/O.LATE NARAYANANKUTTY, CHAMAPARAMBIL HOUSE, ANNALLUR VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENTS/RESPONDENTS IN OP (MV) -------------------------------------------------------------- 1. MANAGING DIRECTOR, K.S.R.T.C., TRIVANDRUM. 2. K.A. THIMOTHY, S/O.AYYAPPAN, KATTANATH HOUSE, NADATHARA P.O., THRISSUR. 3. MANAGER, NATIONAL INSURANCE CO.LTD., VAZHUTHACAUD, THIRUVANANTHAPURAM. R1 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC. R3 BY ADV. SMT.SARAH SALVY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- M.A.C.A. No. 233 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P. (MV) No.1505 of 2001 of the Motor Accidents Claims Tribunal, Irinjalakuda challenge the judgment and award of the Tribunal dated July 7, 2007 awarding a compensation of Rs.1,96,000/- for the loss caused to the claimants, on account of the death of one Narayanankutty in a motor accident. 2. The facts leading to this appeal in brief are these:- Deceased Narayanankutty was aged 49 at the time of the accident and was employed as Cook in the St. Joseph’s Clay Works, Irinjalakuda and used to earn Rs.3,000/- per month as salary. He was also a professional Cook and was earning Rs.6,000/- per month, according to the claimants. The claimants are his wife and children. On July 1, 2001 at about 8 a.m., while the Narayanankutty was walking along MACA 233/2008 2 the side of the road at Vengoor, he was knocked down by a K.S.R.T.C. bus bearing registration No.KL-15 4078, driven by the second respondent. He 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 rash and negligent driving of the offending bus by the second respondent. The first respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severely liable to pay the compensation to the claimants. The claimants claimed a compensation of Rs.4 lakhs. 3. Respondents 1 and 2 remained absent and were set ex parte by the Tribunal. The third respondent Insurance Company filed a written statement, admitting the policy. 4. Exts.A1 to A10 were marked on the side of the claimants. No evidence was adduced on the side of the contesting third respondent. On an appreciation of the evidence, the Tribunal awarded a compensation of MACA 233/2008 3 Rs.1,96,000/- with interest at the rate of 6% p.a. from the date of petition till realization and proportionate costs. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellants/claimants and learned counsel for the third respondent, 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 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.1,96,000/-. There is an error in the calculation. The break up of the compensation awarded is as under:- Loss of dependency : Rs.1, 50,000/- Pain and suffering : Rs.5, 000/- Loss of estate : Rs.5, 000/- Funeral expenses : Rs.5, 000/- and transportation. MACA 233/2008 4 Loss of consortium : Rs.10, 000/- Loss of love and affection : Rs.10, 000/- Medical expenses : Rs.5, 600/- ------------------ Rs.1, 90,600/- ======== 8. The learned counsel for the appellants/claimants sought enhancement of the compensation to the loss of dependency, for the loss of love and affection and for pain and suffering. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses and adopting a multiplier of 13 awarded a compensation of Rs.1,50,000/- for the loss of dependency. 9. Ext.A9 employment certificate issued from St. Joseph’s Clay Works shows that his salary was Rs.3,000/- per month. It is stated therein that he is also a professional Cook. Taking into consideration all these aspects, we feel that his monthly income can be reasonably fixed at Rs.2,500/- per month. The multiplier adopted by the Tribunal is not seriously challenged. After deducting 1/3rd for his personal expenses, for the loss of dependency the claimants are entitled to a compensation of Rs.2,60,000/- MACA 233/2008 5 (Rs.20,000/- x 13). Thus, the claimants are entitled to additional compensation of Rs.1,10,000/- on this count. 10. The Tribunal awarded a compensation of Rs.10,000/- for the loss of love and affection, which appears to be very low. The first claimant, widow, was aged only 44 at the time of the accident and claimants 3 and 4 are aged only 17 and 15 respectively. Therefore, we feel that compensation of Rs.20,000/- would be reasonable on this count. For the pain and suffering Rs.5,000/- was awarded by the Tribunal. The deceased died in the hospital. Therefore, we feel that Rs.10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and we are not disturbing the same. 11. Thus the claimants are entitled to additional compensation of Rs.1,25,000/-. The total compensation assessed by the Tribunal is Rs.1,90,600/-, but the Tribunal passed an award for Rs.1,96,600/-, which is only a clerical error. Therefore, the award passed by the Tribunal is MACA 233/2008 6 calculated as Rs.1,90,600/-. The claimants are entitled to interest at 9% per annum from the date of petition till realization and proportionate cost. The third respondent, Insurance Company, shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment with notice to the claimants. The award of the Tribunal is modified to that effect. The appeal is disposed as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn