IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 MACA.No. 1360 of 2004() ----------------------- OPMV.763/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): ------------------------- 1. ANNAMMA ABRAHAM, CHITTEVELIYIL VEEDU, THANNERMUKKOM POST, CHERTHALA. 2. SHYBI ABRAHAM, D/O. ABRAHAM OF -DO- -DO-. 3. SHINI ABRAHAM, D/O. ABRAHAM OF -DO- -DO-. BY ADVS. SRI.T.B.SARASAN, SRI.M.V.BAIJU. RESPONDENT(S): --------------------------- 1. AJAYAKUMAR, S/O. BALAKRISHNA PILLAI, GEETHABHAVAN, NADUVILAKARA POST, KOLLAM. 2. THE MANAGING DIRECTOR, M/S. PACE C.F.S. (P) LTD., VI/5, OPP. PANCHAYATH SHOPPING CENTRE, AROOR, CHERTHALA. 3. THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, ERNAKULAM. R2 BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) R3 BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1360 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 11th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are claimants 1 to 3 in O.P.(MV) No.763 of 1999 on the file of the Motor Accidents Claims Tribunal, Alappuzha. They are the wife and children of Abraham who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated December 31, 2002 awarding a compensation of Rs.2,85,052/- for the loss caused to them on account of the death of Abraham in a motor accident. 2. The accident occurred on April 17,1999 at 9 a.m. at Deepika Junction. While Abraham was cycling along Alappuzha – Ernakulam National Highway, he was knocked down by a car bearing registration No.KL 4F-6550, driven by the first respondent. He sustained serious injuries and he succumbed to the injuries sustained while undergoing MACA 1360/2004 2 treatment in K.V.M. Hospital, Cherthala. Alleging negligence against the first respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.8 lakhs. 3. Respondents 1 and 2, the driver and owner of the offending car, remained absent and they were set ex parte by the Tribunal. The third respondent, the insurer of the offending car, filed a written statement admitting the policy. PWs.1 and 2 were examined and Exts. A1 to A9 were marked on the side of the claimants. Ext.B1 was marked on the side of the contesting third respondent. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the first respondent and awarded a compensation of Rs.2,85,052/- with interest @ 9% per annum from the date of petition till realization and a cost of Rs.1,000/-. 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 1360/2004 3 the learned counsel for Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent, driver of the offending car, and that the deceased died as a result of the injuries sustained in the accident are 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.2,85,052/-. Break up of the compensation awarded is as under:- Loss of consortium, : Rs. 15,000 loss of guidance and love and affection. Pain and suffering : Rs. 5,000 Funeral expenses : Rs. 3,000 Transportation charges : Rs. 2,000 Loss of dependency : Rs.2,60,052 ------------------ Total : Rs.2,85,052 ======== 7. Learned counsel for the claimant sought enhancement of the compensation for the loss of MACA 1360/2004 4 dependency and on other heads. 8. The Tribunal took the monthly income of the deceased at Rs.2,500/-, which comes to Rs.30,000/- per annum and after deducting 1/3rd for his personal expenses balance amount of Rs.20,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 13 and awarded a compensation of Rs.2,60,052/- for the loss of dependency. According to the claimants, the deceased was working as a Mason under PW3 earning more than Rs.225/- per day. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.3,000/-. After deducting 1/3rd for his personal expenses balance amount of Rs.2,000/- can be taken as his monthly contribution to his family, which comes to Rs.24,000/- per annum. Multiplier adopted by the Tribunal as 13 appears to be reasonable. Thus the claimants are entitled to a compensation of Rs.3,12,000/- (Rs.24,000/- x 13) for the loss of dependency. Thus the claimants are entitled to an additional compensation of Rs.51,948/- on this MACA 1360/2004 5 count. 9. The Tribunal awarded Rs.15,000/- for loss of consortium, loss of guidance and loss of love and affection, which appear to be very low. Taking into consideration the age of the claimants, we feel that a compensation of Rs.15,000/- for loss of consortium and Rs. 25,000/- for loss of love and affection would be reasonable. 10. The Tribunal awarded Rs.5,000/- for pain and suffering. PW1 deposed that Abraham died on the next day while undergoing treatment in the hospital. Taking into consideration the above aspect, we feel that a compensation of Rs.10,000/- would be reasonable for pain and suffering. 11. There is another aspect in this case. No compensation was awarded towards medical expenses. The claimants have produced Ext.A9 series bills worth Rs.5,763/-. Therefore, towards medical expenses incurred the claimants are entitled to a compensation of Rs.5,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not MACA 1360/2004 6 disturbing the same. Regarding the apportionment and disbursement of the compensation awarded, the direction of the Tribunal will stand. 12. In the result, the claimant is found entitled to an additional compensation of Rs.87,448/- with interest @ 7.5% per annum from the date of petition till realization and proportionate costs. The third respondent being the insurer of the offending car is directed to 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 as above. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.