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 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 98 of 2007() --------------------------- OPMV.727/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): PETITIONERS ---------------------------------- 1. S.KALAIVANI, AGED 42 YEARS W/O. LATE G.SUKUMARAN, 4/10 RAMDASOR STREET VENKATESA COLONY, POLLACHI P.O., COIMBATORE 2. S.SURESH KUMAR, AGED 21 YEARS S/O.LATE G.SUKUMARAN, 4/10 RAMDASAR STREET VENKATESA COLONY, POLLACHI P.O., COIMBATORE 3. S.CHANDRASEKHAR, AGED 18 YEARS, S/O.LATE G.SUKUMARAN, 4/10 RAMDASAR STREET VENKATESA COLONY, POLLACHI P.O., COIMBATORE 4. CHINDAMANI AMMAL, AGED 65 YEARS, M/O. LATE SUKUMARAN W/O. GOPALAN NAIR, VENKATESA COLONY,POLLACHI P.O., COIMBATORE BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): 2ND RESPONDENT ------------------------------------------- UNITED INDIA INSURANCE CO. LTD. COLTEX JUNCTION, KANNUR R1 BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 98 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.727 of 2004 on the file of the Motor Accidents Claims Tribunal, Kasaragod. They are the wife, two major sons and mother of deceased Sukumaran who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated August 30, 2006 awarding a compensation of Rs.2,01,650/- for the loss caused to them on account of the death of the deceased in the accident. 2. The accident happened on March 8,2004 in the early morning at Payyannur. While the deceased was walking along the side of the road, he was knocked down by a motor cycle bearing registration No. KL-140/4618 ridden by the 1st respondent. He sustained serious injuries and succumbed to the injuries sustained while undergoing MACA 98/2007 2 treatment in the hospital on the 12th day of the incident. Alleging negligence against 1st respondent, the claimants filed the Original Petition before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.4 lakhs for the loss caused to them on account of the death of Sukumaran. 3. The 1st respondent owner-cum-rider of the motor cycle remained absent before the Tribunal. The 2nd respondent Insurance Company filed a written statement admitting the policy of the vehicle. Exts. A1 to A8 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.2,01,650/- with interest at the rate of 9% per annum from the date of petition till 31-12-2004 and thereafter at the rate of 6% per annum till realization and proportionate costs. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimants and MACA 98/2007 3 the learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence the 1st 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 ? 6. The Tribunal awarded a total compensation of Rs.2,01,650/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 1,000 Damage to clothing : Rs. 200 Funeral expenses : Rs. Treatment expenses : Rs. 22,050 Pain and suffering : Rs. 5,000 Loss of consortium : Rs. 10,000 Loss of love and affection : Rs. 5,000 Loss of dependency : Rs.1,58,400 ------------------ Total : Rs.2,01,650 ======== 7. The learned counsel for the appellants/claimants sought enhancement of compensation for the loss of dependency, loss of consortium and for loss of love and MACA 98/2007 4 affection. 8. The Tribunal took the monthly income of the deceased as Rs.1,800/- per month and after deducting 1/3rd for his personal expenses balance amount of Rs.1,200/- per month was taken as his monthly contribution to his family, which comes to Rs.14,400/- per annum. The Tribunal adopted a multiplier of 11, as the deceased was aged 52 at the time of the accident, and awarded a compensation of Rs.1,58,400/- towards the loss of dependency. Deceased was a Tailor earning Rs.4,500/- per month, according to the claimants. Ext.A6 is the salary certificate issued from Payyannur Khadi Centre. Taking into consideration the above aspect, we feel that the income of the deceased can reasonably be fixed at Rs.3,000/- per month. As there are four dependents in this case, in the light of the principles laid down in Sarala Varma V. Delhi Transport Corporation and another ((2009)6 SCC 121), we feel that only 1/4th need be deducted towards personal expenses of the deceased. After deducting 1/4th for his personal expenses, balance MACA 98/2007 5 amount of Rs.27,000/- can be taken as his annual contribution to his family. Multiplier adopted by the Tribunal as 11 is not seriously challenged. Therefore, on this count the claimants are entitled to a compensation of Rs.2,97,000/-. Thus, the claimant is entitled to an additional compensation of Rs.1,38,600/- on this count. 9. The Tribunal awarded Rs.10,000/- for loss of consortium and Rs.5,000/- for loss of love and affection, which appears to be very low. Taking into consideration the age of the widow and the age of the children, we feel that a compensation of Rs.15,000/- for loss of consortium and Rs.20,000/- for loss of love and affection would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 10. In the result, the claimants are found entitled to MACA 98/2007 6 additional compensation of Rs.1,58,600/- with interest 7.5% p.a. from the date of petition till realization and proportionate costs. The second respondent Insurance Company shall deposit the amount 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 the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.