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 14TH JANUARY 2011 / 24TH POUSHA 1932 MACA.No. 1778 of 2010() ----------------------- OPMV.1318/2006 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/RESPONDENT NO.2: ----------------------------------------------- NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING I.G.ROAD, KOZHIKODE REPRESENTED BY ITS DEPUTY MANAGER. BY ADVS. SRI.KKM.SHERIFF SRI.A.A.ZIYAD RAHMAN RESPONDENTS/PETITIONERS 1 TO 3 AND RESPONDENT NO.1: ---------------------------------------------------------------------------------------- 1. NAGARJUN, S/O.MANIKYAM, ANAMKOOR, THRIKKANNAPURAM, P.O.PILLAI, NAGAPPATTANAM, TAMIL NADU. 2. CHELLAMMAL, W/O.NAGARJUN, ANAMKOOR, THRIKKANNAPURAM, P.O.PILLAI, NAGAPPATTANAM, TAMIL NADU. 3. SANTHI, D/O.NAGARJUN, ANAMKOOR, THRIKKANNAPURAM P.O.PILLAI, NAGAPPATTANAM, TAMIL NADU. 4. ABDULLA KOYA, S/O.MOIDEENKOYA, SHABEER NIVAS, P.O.ARKINAR, NORTH BEYPORE, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1778 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 14th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the 2nd respondent/Insurance Company in O.P.(MV) No.1318 of 2006 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. In this appeal the appellant challenges the judgment and award of the Tribunal dated October 1, 2009 awarding a compensation of Rs.3,25,000/- to the claimants for the loss caused to them on account of death of one Ramesh in the accident. 2. The accident happened on March 27,2006 at about 8.30 p.m. on the Kozhikode Medical College road. While Ramesh was walking along the side of the road, he was knocked down by a Maruthi car bearing registration No.KL- 11/J.9118 driven by respondent No.1 in the O.P. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against respondent No.1 in MACA 1778/2010 2 the O.P.(driver of the offending car), the claimants who are the parents and sister of the deceased filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.4 lakhs. 3. Respondent No.1 in the O.P, the owner-cum-driver of the offending car remained absent before the Tribunal. Respondent No.2 in the O.P., insurer of the offending car, filed a written statement admitting the policy of the offending car. Exts.A1 to A3 were marked on the side of the claimants. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of respondent No.1 in the O.P. and awarded a compensation of Rs.3,25,500/- with interest @ 7 % per annum from the date of petition till realization and a cost of Rs.1,000/-. The 2nd respondent in the O.P. Insurance Company has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard learned counsel for the appellant Insurance Company and learned counsel for respondents 1 to MACA 1778/2010 3 4/claimants. Even though the 1st respondent in the O.P. received notice, he remained absent. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to negligence of 1st respondent in the O.P. is not challenged in this appeal. Therefore the only question, which arise for consideration, is whether the compensation awarded by the Tribunal is excessive. 6. The Tribunal awarded a total compensation of Rs.3,25,000/-. Break up of the compensation awarded is as under:- Transportation : Rs. 1,500 Damage to clothing : Rs. 500 Funeral expenses : Rs. 3,000 Loss of love and affection : Rs. 10,000 Loss of estate : Rs. 10,000 Loss of dependency : Rs.3,00,000 ------------------ Total : Rs.3,25,000 ======= 7. The Tribunal took the monthly income of the deceased as Rs.2,500/-, which comes to Rs.30,000/- per annum and after deducting 1/3rd for his personal expenses, MACA 1778/2010 4 balance amount of Rs.20,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 15 and awarded Rs.3,00,000/- for the loss of dependency. 8. The learned counsel for the appellant argued that as the deceased was a bachelor, ½ of his income should be deducted for his personal expenses. The deceased was a coolie aged 22 at the time of the accident and is the only son of claimants 1 and 2. Under these circumstances, we feel that the Tribunal is perfectly justified in deducting 1/3rd of the income for the personal expenses of the deceased. That apart we find that the compensation awarded by the Tribunal is just and reasonable. That being so, the appeal has to be dismissed. In the result the appeal is dismissed. No costs. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.