IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.CHITAMBARESH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 MACA.No. 1843 of 2011() ----------------------- OPMV.177/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): PETITIONERS 1&2: ------------------------------ 1. S.SURENDRAN, THAYYIL HOUSE, PUTHIYAVILA, PATTOLI MARKET P.O. 2. V.SUSHAMA, THAYYIL HOUSE, PUTHIYAVILA, PATTOLI MARKET P.O. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT(S): RESPONDENTS&PETITIONER 3: ---------------------------------------- 1. STANCILAS, KARIYATHU VEETTIL, NEAR C.S.I.CHURCH, MAYYABADU CHERIYIL, MAYYANADU-691303. 2. K.SASIDHARAN PILLAI, KAVARETHU THODIYIL, KANNIMEL WARD, KILIKOLLOOR-691004. 3. NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOLLAM-690001. 4. S.RAKESH, THAYYIL HOUSE, PUTHIYAVILA, PATTOLI MARKET P.O.-690531. ADV. SRI.RAJAN P.KALIYATH FOR R-3 STANDING COUNSEL SRI. M.A. GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R BASANT & V CHITAMBARESH, JJ -------------------------------------------- M.A.C.A. NO. 1843 OF 2011 ------------------------------------ Dated this the 11th day of November, 2011. JUDGMENT R Basant, J. Claimants are the appellants. They are the parents and brother of the deceased. The deceased was a child aged less than 15 years at the time of the accident on 10.11.1998. He suffered injuries and succumbed to those injuries on 28.11.1998, while he was undergoing treatment in the hospital. The claim was stated under Section 166 of the Motor Vehicles Act. 2. Against the total claim of Rs.3,87,000/- the tribunal awarded a total amount of Rs. 2,02,300/- as per the details given which we extract below. Head of claim Amount awarded Loss of dependency 15000 x 2/3 x 16 1,60,000/- Pain and sufferings 13,000/- Transport 1,000/- Ambulance 2,000/- Funeral expenses 3,000/- Extra nourishment 1,000/- Damage to clothing 500 2 MACA No. 1843/2011 Head of claim Amount awarded Bystander expenses 100 x 18 days 1,800/- Medical expenses 5,000/- Loss of love and affection 15,000/- Total 2,02,300/- 3. We have heard the learned counsel for the appellant and the learned counsel for the insurance company which has been made entirely liable under the impugned award. Challenge is raised only against the quantum of compensation awarded. 4. Called upon to explain and be specific the learned counsel for the appellants contends that the tribunal has not assessed the quantum of compensation reasonably. The appellant shall now be satisfied if the court directs payment of the amount that would be due if the claim be reckoned as one under Section 163 A of the Motor Vehicles Act. Following the dictum in National Insurance Company Vs. Muneer [2003 (1) KLT 137] such course can certainly be adopted by this Court, contends the counsel. 5. The deceased would fall under horizontal entry No. 1 in the table given under clause 1 of the second schedule, i.e., 3 MACA No. 1843/2011 the entry relating to persons aged upto 15 years. 6. Under clause 6 of the second schedule the deceased who had no income prior to the accident can be assumed to earn Rs.15,000/- per annum. That in turn brings the deceased under vertical column No. 10 which applies to persons of the annual income above Rs.12,000/- up to Rs.18,000/-. The point where the horizontal entry No. 1 and vertical entry No. 10 meet, the compensation payable as given in “Rupees in thousands”. 360 (3,60,000) is the amount so prescribed. From this 1/3 is to be deducted as per the mandate in the note under the table. This would mean that under clause 1 an amount of Rs. 2,40,000/- (3,60,000 x 2/3) is payable. In addition to this funeral expenses under clause 3 (i), loss of estate under 3 (iii) and medical expenses under clause 3 (iv) shall also be liable to be paid. The court below has not noted that valid bills have been produced to prove medical expenses of Rs. 4,859/-. 7. The above discussions lead us to the conclusion that reckoned as a claim under Section 163 A of the Motor Vehicles Act claimants are entitled to a total amount of Rs. 2,49,359/- (Rupees Two lakhs forty nine thousand three hundred and fifty 4 MACA No. 1843/2011 nine only) as per the details given below. a) Compensation for fatal accident under clause 1 (360000 x 2/3) : Rs.2,40,000/- b) Funeral expenses under clause 3 (i) : Rs.2,000/- c) Loss of estate under clause 3 (iii) : Rs.2,500/- d) Medical expenses : Rs.4,859/- (actual expenses before death supported by bills) ------------------- Total Rs. 2,49,359/- ======== 8. This would mean that the claimants are entitled to receive a further amount of Rs. 47,059/- (2,49,359 minus 2,02,300) (Rupees Forty seven thousand and fifty nine only) as compensation in addition to the amount awarded by the tribunal. 9. The learned counsel for the appellant points out that proportionate cost have not been awarded as indicated in the dictum Jeena Vs. Satheesh Babu K. [2011 (3) KLT 943]. We accept that contention. 10. In the result a) This appeal is allowed in part. b) The appellant is found entitled to a further amount of Rs. 47,059/- (Rupees Forty seven thousand and fifty nine only) in addition to the 5 MACA No. 1843/2011 amount already awarded by the Tribunal under the impugned award; c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as directed by the Tribunal; d) We direct that proportionate cost for the proceedings before the tribunal on the enhanced amount of compensation be paid to the claimants as held in Jeena (supra). e) All further directions of the tribunal are upheld. At the request of the counsel for the insurance company we reiterate that the amount fall under Section 140 of the Act shall be liable to be deducted. R BASANT JUDGE V CHITAMBARESH JUDGE dnc