IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 MACA.No. 1457 of 2010(B) ----------------------- OPMV.451/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONERS ------------------------- 1. MINI MATHEW, AGED 35 YEARS, W/O.LATE SAMKUTTY, PUTHUMANA, THRIKKUNNAPUZHA NORTH, SOORANAD SOUTH, KOLLAM. 2. SACHIN SAM, AGED 13 YEARS (MINOR) S/O.LATE SAMKUTTY, DO. DO. 3. SRUTHI M.SAM, AGED 9 YEARS (MINOR), D/O.LATE SAMKUTTY, DO. DO. 4. THOMAS M.SAM, AGED 68 YEARS, F/O.LATE SAMKUTTY, D/O. D/O. 5. CHINNAMMA THOMAS, AGED 63 YEARS, M/O.LATE SAMKUTTY, DO. DO. MINOR APPELLANTS 2 AND 3 ARE REPRESENTED BY MOTHER 1ST APPELLANT. BY ADV. SRI.B.CHANDRA LAL RESPONDENT(S): RESPONDENTS -------------------------- 1. KUNJAMMA JOHN, PUTHENPURAKKAL VEEDU, NANNUVAKKAD, PATHANAMTHITTA-689672. 2. P.S.SASI, S/O.SAHADEVAN, PLATHARA VEEDU, CHATHANTHARA, KOLLAMULA, RANNI, PATHANAMTHITTA- 689672. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., PATHANAMTHITTA-689672. 4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM-695001. 5. KERALA STATE INSURANCE DEPARTMENT, DISTRICT OFFICE, PATHANAMTHITTA-689672. 6. MAHIMA VISWAMBHARAN, W/O.LATE VISWAMBHARAN, MAMPULIKKAL VEEDU, VETTOOR, KUMPAZHA, PATHANAMTHITTA-695312. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1457 of 2010 ------------------------------------------------------ Dated: AUGUST 19, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV) 451/2006 on the file of the Motor Accidents Claims Tribunal, Kollam. They are the wife, children and parents of one deceased Samkutty who died in a motor accident that occurred on November 20, 2005 at about 2.30 p.m. at Variyapuram junction on the Kozhencherry - Pathanamthitta road. The accident happened while the jeep bearing Regn.No.KL-01/C3418 driven by the husband of the 6th respondent collided head on with the bus bearing Regn.No.KL-3M/4269. The deceased sustained serious injuries and he succumbed to the injuries while undergoing treatment in the hospital. Alleging negligence against the 2nd respondent, driver of the bus, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.10 lakhs. 2. Respondents 1 and 2, owner and driver of the offending bus, remained absent. Respondent No.3, insurer of the bus, filed a written statement admitting the policy. Respondents 4 and 6, owner and the wife of the driver of the jeep involved in the accident, remained absent before the Tribunal. Respondent No.5, insurer of the jeep, filed a written statement admitting the policy. M.A.C.A.1457 of 2010 2 3. PW.1 was examined and Exts.A1 to A16 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the 2nd respondent and awarded a total compensation of Rs.9,46,300/- with interest at the rate of 7.5% per annum from the date of petition till realisation against respondents 1 to 3. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellants/claimants and 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 2nd 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 break up of the compensation amount awarded is as under: transport to hospital and funeral expenses Rs.5,000/- pain and suffering 5,000/- permanent disability 9,16,244/- loss of consortium 10,000/- loss of love and affection 10,000/- ------------------------- 9,46,224/- rounded off 9,46,300/- M.A.C.A.1457 of 2010 3 7. The deceased was aged 38 at the time of the accident and was a Police Constable and used to earn Rs.7158/- per month as salary as is seen from Ext.A16 salary certificate issued from his office. After deducting 1/3rd for his personal expenses, Rs.4772/- was taken as his monthly contribution to his family, the Tribunal adopted a multiplier of 16 and awarded Rs.9,16,224/- for loss of dependency. Taking into consideration the fact that the deceased was a Police Constable and was aged about 38, we feel that the compensation awarded by the Tribunal is reasonable. It follows that the claimants are not entitled to any enhanced compensation. In the result, we find no merit in this appeal and the same is hereby dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-