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 29TH JULY 2010 / 7TH SRAVANA 1932 MACA.No. 1016 of 2004() ----------------------- OPMV.636/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS ------------------------ 1. PHILOMINA, W/O.LATE THOMAS, MALIYAKKAL HOUSE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. PRIETO THOMAS, S/O.LATE THOMAS, DO. DO. 3. SHALY THOMAS, D/O.LATE THOMAS, DO. DO. 4. VAREED, S/O.THOMAN, DO. DO. 5. MARY, W/O.VAREED, DO. DO. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS --------------- 1. P.RAMACHANDRAN, 19, N.G.O.COLONY, SULEESWARANPATTI POST, POLLACHI. 2. A.KARUNAKARAN, S/O.ANGUSWAMY, UPPUDURAI PALAYAM, KOLINJIWADI P.O., DHARAPURAM TALUK-688 656. 3. MANAGER, THE ORIENTAL INSURANCE CO.LTD., R.V.K.BUILDING, 1ST FLOOR, 64, DHALI ROAD, UDUMALPET-642 126. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1016 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2010 JUDGMENT Barkath Ali, J. Appellants are claimants in O.P.No.636/1998 on the file of Motor Accidents Claims Tribunal, Irinjalakkuda. Claimants are the wife, children and parents of deceased Thomas, who died in a motor accident which occurred on June 12, 1998 at about 9.10. a.m. at Potta near Chalakkudy. 2. The accident happened when the motor cycle ridden by the deceased was knocked down by a goods carriage bearing Reg.No.TN 41 C 2538. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment at Govt.Hospital, Chalakkudy at 9.30 a.m. on the same day 3. Alleging negligence against the driver of the lorry, second respondent, the claimants filed the O.P. under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 20 lakhs against respondents 1 to 3, the owner, driver and insurer of the offending MACA.No.1016/2004 2 vehicle. Only third respondent, the insurer of the offending vehicle contested the case. The third respondent admitted the policy of the lorry, but contended that there was also negligence on the part of the deceased. 4. Pws 1 to 3 were examined and Exts.A1 to A14 and Ext.X1 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the second respondent, the driver of the lorry and awarded a compensation of Rs. 10,06,896/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimants are MACA.No.1016/2004 3 entitled to any enhanced compensation. 7. The break up of the compensation awarded by the Tribunal is as under : Loss of dependency - Rs. 9,73,896/- Pain and suffering - Rs. 5,000/- Loss of consortium - Rs. 10,000/- Loss of love and affection - Rs. 15,000/- Funeral expenses - Rs. 3,000/- 8. Counsel for the claimants sought enhancement of compensation for the loss of dependency. 9. The Tribunal took the monthly income of the deceased as Rs. 8695/- and after deducting 1/3 for his personal expenses, took Rs. 5797/- as his monthly contribution to his family and adopted a multiplier of 14 and awarded Rs. 9,73,896/- for the loss of dependency. 10. Deceased was aged 44 at the time of accident and was working as Electrician in Appolo Tyres and drawing a salary of Rs. 8695/- as revealed by Ext.X1, the salary particulars of the deceased which is proved by PW2, the Assistant Manager of Appolo Tyres. On the basis of Ext.X1, the Tribunal is perfectly justified in adopting his last drawn salary as his income and deducting 1/3 for his personal expenses. But the Tribunal adopted a multiplier of 14. As the MACA.No.1016/2004 4 deceased was aged 44, we feel that a multiplier of 15 would be reasonable in this case. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 10,43,460/-. Thus on this count, the claimants are entitled to an additional compensation of Rs. 69,564/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimant are found entitled to an additional compensation of Rs. 69,564/- with interest @ 9% 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. 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.1016/2004 5 MACA.No.1016/2004 6