IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 MACA.No. 759 of 2011() ---------------------- OPMV.2423/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/ 3RD RESPONDENT ---------------------------- THE NATIONAL INSURANCE COMPANY LTD., REGIONAL OFFICE, ERNAKULAM. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/ CLAIMANTS 1 TO 3 AND 4,5& 6 ----------------------------------------- 1. JESSY SEBASTIAN @ JELTRUDU (NO.JOB), AGED 28 YEARS, W/O.LATE SEBASTIAN,THYPARAMBIL HOUSE, CHERANALLORE, COCHIN-34. 2. GEORGE XAVIER @ SIBIL (MINOR), NO JOB, AGED 16 (DOB 14.5.1984), S/O.LATE SEBASTIAN REP.BY NEXT FRIEND, MOTHER 1ST CLAIMANT, JESSY SEBASTIAN -DO- 3. THRESSIA WAVIER, AGED 65 YEARS,(NO JOB), W/O.LATE XAVIER, -DO-. 4. T.M.GIRI, S/O.MADHAVAN, THATTASSERY HOUSE, MUTTINAKAM, VARAPUZHA POST. 5. SHINE, S/O.DAMODARAN, UNNIYATTU HOUSE, KACHERIPADY, CHERANALLORE, COCHIN-34. 6. THE NEW INDIA ASSURANCE COMPANY LTD., REGIONAL OFFICE, COCHIN-11. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.759 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the third respondent Insurance Company in O.P.(MV)No.2423/2000 on the file of Motor Accidents Claims Tribunal, Ernakulam. In this appeal the appellant challenges the judgment and award of the Tribunal dated July 5, 2007 awarding a compensation of Rs. 4,05,000/- to the claimants, who are respondents 1 to 3 in this appeal, for the loss caused to them on account of the death of deceased Sebastian in a motor accident that occurred on April 27, 2000 at about 5 p.m. 2. Claimants are the wife, minor son and mother of deceased Sebastian. The accident happened while the deceased was travelling in a mini lorry along Aluva-Ernakulam N.H.road. The bus driven by the second respondent in the O.P. which was proceeding in front suddenly applied brake and as a result of which the mini lorry dashed against the rear side of the bus. Alleging negligence against the drivers of both the MACA.No.759/2011 2 vehicles, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs. 6,00,000/-. 3. Respondents 1 to 3 in the O.P., are the owner, driver and insurer of the offending bus. Respondents 4 to 6 in the O.P. are the owner, driver and insurer of the mini lorry involved in the accident. Respondents 1, 2, 4 and 5 in the O.P. remained absent before the Tribunal. Respondents 3 and 6 in the O.P. , the insurers of the vehicles filed written statements admitting the policy, but attributed negligence to the driver of the other vehicle. 4. Exts.A1 to A5 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent in the O.P. and awarded a compensation of Rs. 4,05,000/- with interest @ 8% per annum from the date of petition till realisation and proportionate cost against respondents 1 to 3. The third respondent Insurance Company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.759/2011 3 5. Heard the counsel for the appellant Insurance Company and the counsel for the claimants. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent in the O.P. is not seriously challenged in this appeal. Therefore, the only question which arises for consideration is whether the compensation awarded by the Tribunal is excessive. 7. The Tribunal awarded a total compensation of Rs. 4,05,000/- . The break up of the compensation awarded is as under : Loss of dependency - Rs.3,60,000/- Transportation - Rs. 2,500/- Funeral expenses - Rs. 2,500/- Pain and suffering - Rs. 10,000/- Loss of consortium - Rs. 10,000/- Loss of love and affection - Rs. 10,000/- Loss of estate - Rs. 10,000/- 8. The Tribunal took the monthly income of the deceased as Rs. 3000/- and after deducting 1/3 for his personal expenses, the balance amount of Rs.2,000/- was taken as his monthly contribution to his family and adopted a multiplier of 15 and awarded Rs.3,60,000/- MACA.No.759/2011 4 for the loss of dependency. Taking into consideration the fact that deceased was a Cleaner of the lorry and was aged 44 at the time of the accident, we feel that the compensation awarded by the Tribunal for loss of dependency as well as on other heads is just and reasonable. Therefore, we hold that the compensation awarded by the Tribunal is not excessive. That being so, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.759/2011 5