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 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 527 of 2004() ---------------------- OPMV.557/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS : PETITIONERS -------------------------------------- 1. RAJU.M.P., SREE BHAVAN, PALLOM.P.O., KOTTAYAM. 2. ASWIN RAJU (MINOR), SREE BHAVAN, PALLOM.P.O., KOTTAYAM. 3. ARYA RAJU (MINOR) SREE BHAVAN, PALLOM.P.O., KOTTAYAM.(THE APPELLANT NOS.2 AND 3 ARE MINORS REPRESENTED BY THEIR FATHER, GUARDIAN AND APPELLANT NO.1) BY ADV. SRI.P.C.JOSEPH PAZHEPARAMBIL RESPONDENT(S): RESPONDENTS -------------------------- 1. DASSAN WARRIER, ANTHINAD WARRIAM, ANTHINAD. 2. SEKHARAN NAIR, MEENDACKAL HOUSE, ARUNAPURAM.P.O., PALA. 3. THE NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL MANAGER, PALA. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.527 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV)No.557/1999 on the file of Motor Accidents Claims Tribunal, Kottayam. They are the husband and minor children of deceased Beena aged 35, who died in a motor accident that occurred on October 22, 1998 at about 11.20 A.M. at Ramapuram. 2. The accident happened while the bus bearing Reg.No.KRK 7356 in which she was travelling hit against the telephone post on the side of the road and capsized. Alleging negligence against the driver of the bus, the second respondent, the claimants filed the O.P. under Section 166 of Motor Vehicles Act claiming compensation. 3. Respondents 1 and 2, the owner and the rider of the offending bus, remained absent before the Tribunal. The third respondent, Insurer of the offending bus, filed a written statement admitting the policy. MACA.No.527/2004 2 4. Six persons died in the accident. This O.P. was jointly tried along with other O.Ps. filed by the legal heirs of other deceased persons and a common award was passed by the Tribunal. Pws 1 and 2 were examined and Exts.A1 to A25 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, the Tribunal awarded a compensation of Rs.5,40,000/- 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 entitled to any enhanced compensation. 7. The break up of the compensation awarded by the Tribunal MACA.No.527/2004 3 is as under : Loss of dependency - Rs. 5,12,000/- Loss of love and affection - Rs. 15,000/- Pain and suffering - Rs. 10,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 1,000/- 8. Counsel for the claimants sought enhancement of the compensation for the loss of dependency, for the pain and suffering endured and for loss of consortium. 9. The Tribunal took the monthly income of the deceased as Rs.4,000/- which comes to Rs. 48,000/- per annum. After deducting 1/3 for her personal expenses, the balance amount of Rs. 32,000/- was taken as her annual contribution to her family. The Tribunal adopted a multiplier of 16 and awarded Rs. 5,12,000/- for the loss of dependency. Deceased was employed as a Supervisor in Child Development Office, Thodupuzha. Ext.A15 salary certificate shows that she was drawing a salary of Rs. 5,627/- per month. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 5,500/- which comes to Rs. 66,000/- per annum. After deducting 1/3 for her personal expenses, the balance amount of MACA.No.527/2004 4 Rs. 44,000/- can be taken as her annual contribution to her family. The Tribunal adopted a multiplier of 16 which appears reasonable. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.7,04,000/- ( 44,000 x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,92,000/-. 10. The Tribunal awarded Rs. 10,000/- for the pain and suffering endured by the deceased. In the circumstances of the case, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. Thus on this count, the claimants are entitled to an additional compensation of Rs. 15,000/-. 11. No compensation was seen awarded for the loss of consortium. Taking into consideration the age of the first claimant, husband, we feel that a compensation of Rs.10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12 In the result, the claimants are found entitled to an MACA.No.527/2004 5 additional compensation of Rs. 2,17,000/- 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.527/2004 6