IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 MACA.No. 401 of 2004() ---------------------- AGAINST THE ORDER DATED 26/06/2003 IN OPMV. OPMV.573/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): APPELLANT/PETITIONERS ------------------------ 1. SMT.PRABHA, W/O.SHIBU, CHULLIPARAMBIL HOUSE, CHALAKKA, PUTHENVELIKKARA P.O., PUTHENVELIKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. 2. SHIJITH, S/O.SHIBU AGED 8 YEARS ---DO--- ----DO---- 3. SHSIRAJ, S/O.SHIBU AGED 4 YEARS ---DO---- ----DO- 4. SMT.SAUTHA, W/O.RAJAM, --DO--- ---DO--- (2ND & 3RD APPALANT BEING MINORS, THEY ARE REPREENTED BY THEIR MOTHER AND GUARDIAN - THE 1ST APPELLANT-PRABHA, WIFE OF SHIBU) BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENT(S): RESPONDENTS. --------------------------- 1. N.RAJAMANI, W/O.NATARAJAN, VENGAMEDU KARUR P.O., 639 002, TAMIL NADU. 2. T.SENTHILRAJA, S/O.THYAGARAJAN, VALLUVAR COLONY, BODUPATTI ROAD, NAMAKKAL P.O., TAMIL NADU. 3. ORIENTAL INSURANCE CO.LTD, BRANCH OFFICE, 90 A, THURAIYUR ROAD, NAMAKKAL P.O., 637 002. TAMIL NADU. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.401 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2010 JUDGMENT Barkath Ali, J. One Shibu, a toddy tapper aged 29 died in a motor accident which occurred on May 3, 2000 at Nedumpasseri. The auto rickshaw in which he was travelling collied head on with a trailer lorry driven by the second respondent. There were three passengers in the auto rickshaw, out of which Shibu died in the accident. Claimants are his wife, two minor children and mother. They filed the O.P. under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 4,50,000/- alleging negligence against the second respondent, the driver of the lorry. First respondent is the owner and third respondent is the insurer of the offending vehicle. 2. Respondents 1 and 2, the owner and the driver of the offending vehicle remained absent before the Tribunal. The third respondent, the insurer of the offending vehicle filed a written statement admitting the policy and further contended that there was MACA.No.401/2004 2 also negligence on the part of the driver of the auto rickshaw involved in the accident. 3. This O.P. was jointly tried along with O.P.(MV) No.574/2000 filed by one of the injured in the accident and a common award was passed. Pws 1 and 2 were examined and Exts.A1 to A9 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs. 2,63,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 5. 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. MACA.No.401/2004 3 6. The Tribunal awarded a total compensation of Rs.2,63,000/-. The break up of the compensation awarded is as under : Transportation exp. - Rs. 1,000/- Damage to clothes - Rs. 1,000/- Funeral expenses - Rs. 5,000/- Pain and suffering - Rs.10,000/- Loss of love and affection - Rs. 20,000/- Loss of estate - Rs. 2,16,000/- Loss of consortium - Rs. 10,000/- 7. Counsel for the claimants sought enhancement of compensation for the loss of dependency. 8. The Tribunal took the monthly income of the deceased as Rs.1,500/-. After deducting 1/3 for his personal expenses, the balance amount of Rs. 1,000/- was taken as his monthly contribution to his family. The Tribunal adopted a multiplier of 18 and awarded Rs.2,16,000/- for the loss of dependency. According to the claimants, deceased was a toddy tapper earning Rs. 5,000/- per month. Ext.A9 is the certificate issued by Toddy Tappers Union, Paravur to that effect. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 2,500/- which comes to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- can be taken as his MACA.No.401/2004 4 annual contribution to his family. The multiplier adopted by the Tribunal as 18 is not disputed. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,60,000/- ( 20,000 x 18). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,44,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 9. In the result, the claimants are entitled to an additional compensation of Rs. 1,44,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third 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. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.401/2004 5 MACA.No.401/2004 6