IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 MACA.No. 1711 of 2008() ----------------------- OPMV.1264/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/ PETITIONERS ------------------------- 1. THANKAMMA, W/O.LATE ANANTHAN, AGED 56, PATTERIPARAMBU, THIRUVAMPADY.P.O, ALAPPUZHA. 2. ASHA, D/O. LATE ANANTHAN, AGED 28, -DO- 3. ANITHA, D/O. LATE ANANTHAN, AGED 25, -DO- 4. AJITHA, W/O. SURESH BABU, KRISHNA SADANAM, PATTERIPARAMBU, THIRUVAMPADY.P.O, ALAPPUZHA. BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA) RESPONDENTS/ RESPONDENTS -------------------------- 1. SAJEEV, S/O. BALANPILLAI, KUTTETHU VEETIL, HOUSE NO. 774, XIITH DIVISION, COCHIN CORPORTION, ERNAKULAM. 2. LEELAMONY, D/O.P.N. SOMANATHAN, GOVINDA VIHAR, PALLURUTHI, COCHIN-6. 3. THE NATIOANL INSURANCE COMPANY LIMITED, AROOR BUE PASS, ST. ANTONY'S CHURCH BUILDINGS, AROOR, ALLEPPEY DISTRICT. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1711 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of June, 2011 JUDGMENT Barkath Ali, J. Appellants are claimants 1 and 3 to 5 in OP(MV)1264/2002 on the file of the Motor Accidents Claims Tribunal, Alappuzha. They are the mother and sisters of deceased Ajayakumar who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated February 27, 2007 awarding a compensation of Rs.2,20,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On January 30, 2002 at about 3 p.m., while the deceased was driving his autorickshaw bearing Reg.No.KL-04/4344 along Alappuzha-Changanacherry road and reached at Ponga Jyothi junction, it dashed against a lorry bearing Reg.No.KL-7-D/3034 driven by the first respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the lorry, the claimants filed the OP under Sec.166 of the Motor Vehicles Act MACA.No.1711/2008 2 claiming a compensation of Rs.7,96,500/-. 3. The claimants relinquished their claim against the first respondent, the driver of the offending lorry. Second respondent, the owner of the offending lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A10 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.2,20,000/- with interest at the rate of 7.5% per annum from the date of petition till realisation and a cost of Rs.2,200/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.1711/2008 3 that the accident occurred due to the negligence on the part of the driver of the lorry 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.2,20,000/- The break up of the compensation amount awarded is as under: Compensation towards pecuniary loss caused to the petitioners due to the death of Ajaykumar - Rs. 2,00,000/- Loss of love and affection - Rs. 10,000/- Pain and suffering - Rs. 5,000/- Funeral expenses - Rs. 3,000/- Ambulance charge - Rs. 2,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.2,500/- which works out to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 10 and awarded Rs. 2,00,000/- for the loss of dependency. MACA.No.1711/2008 4 The deceased was a driver by profession. Therefore, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,000/- which comes to Rs. 36,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 24,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 10 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 2,40,000/- ( 24,000 x 10). Thus on this count, the claimants are entitled to an additional compensation of Rs.40,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the appellants are found entitled to an additional compensation of Rs. 40,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. 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. Regarding the apportionment of the compensation amount and MACA.No.1711/2008 5 disbursement of the same, the direction of the Tribunal will stand. 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.1711/2008 6