IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 MACA.No. 60 of 2004() --------------------- OPMV.204/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANTS/PETITIONERS: ------------------------------------------- 1. C.V.KESAVAN, CHERUVALLAM VEEDU, VALLAKADAVU P.O., VANDIPERIYAR MANJUMALA VILLAGE, PEERUMEDU TALUK. 2. K.RAJAMMA, W/O. C.V.KESAVAN, DO. DO. BY ADVS. SRI.MATHEW JOHN (K), SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. RAJU NARAYANAN S/O. NARAYANAN CHEMPALLY, VADAKKETHARAYIL, VARIKANI COLONY, VANDANPATHAL P.O., ERUMELY. 2. N.CHINNAPPAN, KOYIPPAMATTATHIL ERUMELY, NORTH P.O., KARUNILAM. 3. THE NATIONAL INSURANCE COMPANY LIMITED, GURUVAYOOR. 4. REJIMON, S/O. SIVADASAN, MANJOOR HOUSE, VALLAKKADAVU P.O., MANJUMALA VILLAGE. 5. K.V.MOHANAN S/O. VELAYUDHAN, NIRMALYAM HOUSE, VALLAKKADAVU P.O.,VANDIPERIYAR. 6. THE NATIONAL INSURANCE CO.LTD.,THRIPUNITHURA. 7. BIJU JOSEPH, DHARANIPPARAMBIL, NATTACHIRA P.O., KOTTAYAM. R2 BY ADV. SRI.LIJI.J.VADAKEDOM R3 & R6 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== M.A.C.A. No. 60 of 2004 =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== Dated this the 11th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.204 of 1998 of the Motor Accidents Claims Tribunal, Thodupuzha challenge the judgment and award of the Tribunal dated January 31, 2003 awarding a compensation of Rs.1,84,500/- for the loss caused to the claimants, on account of the death of one Dileep Kumar in a motor accident. 2. The facts leading to this appeal, in brief, are these:- Deceased Dileep Kumar was aged 20 at the time of the accident and was earning a salary of Rs.3,500/- as an Auto Electrician in a workshop. On September 29, 1997 at about 11 a.m. Dileep Kumar was travelling in a jeep bearing registration No.KL3A-034 along Vallakadavu – Vandiperiyar public road. When he reached at Ambalappady, a lorry bearing registration No.KL-7-Q-7308 came at a high speed and dashed against the jeep in which deceased Dileep MACA 60/2004 2 Kumar was travelling. He sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, the accident occurred due to the negligence on the part of the drivers of both vehicles. The first respondent was the driver and second respondent was the owner of the lorry involved in the accident. Fourth respondent was the driver of the jeep. Additional respondents 5 and 7 are the owners of the jeep. Respondents 3 and 6 are the insurers of the lorry and jeep respectively, which is the same Insurance Company. The claimants claimed a compensation of Rs.6 lakhs under section 163A of the Motor Vehicles Act. 3. Respondents 3 and 6, Insurance Companies of both the vehicles, filed a written statement, admitting the policy and further contended that there was also contributory negligence on the part of the deceased, as he was travelling in the jeep by standing on its foot-board. 4. PWs.1 and 2 were examined and Exts. A1 to A10 were marked on the side of the claimants. Ext.B1 was MACA 60/2004 3 marked on the side of the Insurance Company. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.1,84,500/- with interest at the rate of 9% p.a. from the date of petition till realization. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimants and learned counsel for respondents 2, 3 and 6. 6. The accident is not disputed. As this being a claim under section 163A of the Motor Vehicles Act, compensation has to be calculated as prescribed under Schedule-II of the Motor Vehicles Act. 7. The Tribunal fixed the monthly income of the deceased as Rs.1,250/- and on the basis of the Second Schedule to the Motor Vehicles Act, Rs.2,70,000/- was assessed for loss of dependency and after deducting 1/3rd for his personal expenses, Rs.1,80,000/- was awarded for loss of dependency. The Tribunal also awarded Rs.2,000/- for funeral expenses and Rs.2,500/- towards loss of estate. MACA 60/2004 4 Thus, a total compensation of Rs.1,84,500/- was awarded by the Tribunal. 8. The learned counsel for the claimants sought enhancement of compensation awarded for loss of dependency. 9. The Tribunal took the monthly income of the deceased as Rs.1,250/- i.e., Rs.15,000/- per annum. As per Schedule II, if the annual income of the deceased was Rs.12,000/-, the compensation to be awarded was Rs.2,16,000/- and if the annual income of the deceased was Rs.18,000/-, the compensation to be awarded was RS.3,24,000/- and therefore, the Tribunal assessed the compensation of Rs.2,70,000/-. After deducting 1/3rd for his personal expenses, Rs.1,80,000/- was awarded for the loss of dependency. 10. Ext.A10 salary certificate issued by PW2 shows that the deceased was working as an Auto Electrician and was earning Rs.3,500/- per month. Ext.A8 is the copy of the Diploma Certificate in Electrical Engineering. Taking into MACA 60/2004 5 consideration all these aspects, we feel that the monthly income of the deceased can be reasonably fixed at Rs.1,750/-, which works out to Rs.21,000/- per annum. After deducting 1/3rd for his personal expenses balance amount of Rs.14,000/- per annum can be taken as his annual contribution to the family. As the deceased was aged 20, the proper multiplier that can be adopted 17 as per Second Schedule to the Motor Vehicles Act. Thus, for the loss of dependency the claimants are entitled to a compensation of Rs.2,38,000/- (14,000/- x 17). Thus, on this count, the claimants are entitled to an additional compensation of Rs.58,000/-. 11. The Tribunal awarded Rs.2,000/- towards funeral expenses and Rs.2,500/- towards loss of estate, as provided under Second Schedule to the Motor Vehicles Act. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 12. In the result, the claimants are entitled to an MACA 60/2004 6 additional compensation of Rs.58,000/-. They are entitled to interest at 9% per annum from the date of petition till realization. The third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of copy of this judgment before the Tribunal with notice to the claimants. The claimants are entitled to proportionate costs. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn