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 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 1139 of 2007() ----------------------- OPMV.3465/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) --------------------------------------------- 1. CHOYIKUTTY, S/O. UNNEERI, AGED 59 YEARS, RESIDING AT VYSHAK, NEYYANKANDI MEETHAL HOUSE, P.O.KARIYANTHANKAVU, KOZHIKODE. 2. SOUMINI, W/O. CHOYIKUTTY, AGED 53 YEARS, -DO- 3. SAJINA, D/O. CHOYIKUTTY, AGED 33 YEARS, -DO- BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------- 1. BASHEER, S/O. BEERANKUTTY, AGE NOT KNOWN, RESIDING AT EDATHIL HOUSE, P.O.ORAVIL, NADUVATTAM, KOYILANDY, KOZHIKODE. 2. V.P.SHAJI, S/O. KUNHIKANNAN, AGED 35 YEARS, RESIDING AT THATTARKUNNATH HOUSE, P.O.CHALIKKARA, NOCHAD AMSOM DESOM, KOZHIKODE. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE 2, 2ND FLOOR, SEEMA TOWERS, BANK ROAD, MAVOOR ROAD, KOZHIKODE. ADV. SRI.SIBY MATHEW FOR R3 SRI.PHILIP J.VETTICKATTU FOR R3 SRI.B.PREMNATH (E) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1139 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of May, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.3465/2001 of Principal Motor Accidents Claims Tribunal, Kozhikode challenge the judgment and award of the Tribunal dated October 12, 2006 awarding a compensation of Rs. 2,27,000/- for the loss caused to them on account of the death of deceased Sajeendran in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased Sajeendran was aged 30 and was employed abroad as an Electrician. The claimants are his parents and sister. On October 3, 2001 at about 3.p.m., the deceased was riding his motor cycle bearing Reg.No.KL-11/N 3784 from Perambra to Balussery. At that time, a bus bearing Reg.No.KL-11/G 8379 came at a high speed and dashed against the motor cycle of the deceased. The deceased sustained very serious injuries and he succumbed to the injury sustained while MACA.No.1139/2007 2 undergoing treatment in the hospital on the same day. According to the claimants, the accident occurred due to the rash and negligent driving of the offending bus by first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimants. Claimants claimed a compensation of Rs. 5 lakhs. 3. Respondents 1 and 2, the driver and owner of the offending bus remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending bus filed a written statement admitting the policy, but contending that the accident occurred due to the negligence on the part of the deceased. 4. Exts.A1 to A4 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a compensation of Rs. 2,27,000/- with interest at the rate of 6% per annum and costs. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.1139/2007 3 5. Heard the counsel for the appellants/claimants and the counsel for the 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 first 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.2,27,000/-. The break up of the compensation awarded is as under : Dependency - Rs. 2,08,000/- Funeral expense - Rs. 2,000/- Transportation - Rs. 1,000/- Pain and suffering - Rs. 5,000/- Medical treatment - Rs. 1,000/- Love and affection - Rs. 10,000/- ---------------------- Total - Rs. 2,27,000/- ========== 8. Counsel for the appellants/claimants sought enhancement MACA.No.1139/2007 4 of compensation for the loss of dependency and for the loss of love and affection. The Tribunal took the monthly income of the deceased as Rs. 2,000/- and adopted a multiplier of 13 and deducting 1/3 for his personal expenses awarded a compensation of Rs. 2,08,000/- for the loss of dependency. It is not disputed that the deceased was an Electrician and was working abroad at the time of the accident. Ext.A4, the copy of the account maintained by the deceased in Syndicate Bank shows that he was depositing considerable amount in the bank. Therefore, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,500/- which works out to Rs. 42,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 28,000/- can be taken as his annual contribution to his family. The multiplier adopted by the Tribunal as 13 is not seriously challenged. Thus, for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,64,000/-. Thus on this count, claimants are entitled to an additional compensation f Rs. 1,56,000/-. 9. For the loss of love and affection, the Tribunal awarded only Rs. 10,000/-. The second claimant, the mother of the deceased was aged 48 and the third claimant, the sister of the deceased was aged MACA.No.1139/2007 5 28 at the time of the accident. Therefore, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs. 10,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. In the result, the claimants are entitled to an additional compensation of Rs. 1,66,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. For the compensation already awarded also, the claimants are entitled to interest at the same rate. 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.1139/2007 6 MACA.No.1139/2007 7