IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 MACA.No. 315 of 2007() ---------------------- OPMV.771/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. PATHUMMA, AGED 58 YEARS, W/O. PANANCHERY KUNHAHAMMED (LATE), TRIKKULAM, PANTHARANGADI P.O., MALAPPURAM DISTRICT. 2. P. SHAREEFA, AGED 36 YEARS, W/O. P.P. MOHAMMEDKUTTY, PATTARPARAMBIL HOUSE, P.O. TIRURANGADI. 3. P. HAJARA, AGED 28 YEARS, W/O. ABDUL RASHEED, MANNINGAPPARA HOUSE, P.O. MOONNIYOOR SOUTH, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER SMT.PRIYA VIJAYAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. HAMZA, AGED 25 YEARS, S/O. ASSANKUTTY, PAREDATH HOUSE, APPADA, AZHUR P.O., THANALUR (VIA), MALAPPURAM DISTRICT. 2. KUNHIMOIDEEN, S/O. KOYAKUTTY, PULLUNI HOUSE, MEENADATHUR, THANALUR P.O., MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., THAZHEPALAM, TIRUR, MALAPPURAM DISTRICT. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.315 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.771/2003 of Motor Accidents Claims Tribunal, Tirur challenge the judgment and award of the Tribunal dated November 8, 2006 awarding a compensation of Rs. 1,20,000/- for the loss caused to them on account of the death of deceased Mujeeb Rahman in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased Mujeeb Rahman was aged 21 at the time of the accident and used to earn Rs. 5,000/- per month as a driver, according to the claimants. Claimants are the mother and sisters of the deceased. On February 26, 2003, deceased was riding the motor cycle bearing Reg.No.KL-1 0M-9449. His friend Mohammed Manzoor was pillion riding on the motor cycle. At about 2. p.m. when they reached at Pathirungal in Chemmad-Parappanangadi public road, a bus bearing Reg.No.KL-10N-2621 driven by the first respondent came from the MACA.No.315/2007 2 opposite side and dashed against the motor cycle of the claimant. Deceased as well as the pillion rider of the motor cycle sustained serious injuries and succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, accident occurred due to the rash and negligent driving of the offending bus by first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimants, who are the legal heirs and dependents of the deceased. Claimants claimed a compensation of Rs. 5 lakhs. 3. Respondents 1 and 2, the driver and owner of the bus remained absent and were set ex-parte by the Tribunal. The third respondent, the insurer of the offending bus, filed a written statement admitting the policy, but contending that the accident occurred due to the negligence of the deceased. 4. Exts.A1 to A6 were marked on the side of the claimants before the Tribunal. No evidence was adduced on the side of the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent MACA.No.315/2007 3 driving of the offending bus by first respondent and awarded a compensation of Rs. 1,20,000/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first 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 ? 6. The Tribunal awarded a total compensation of Rs. 1,20,000/-. the break up of the compensation awarded is as follows : Transport to hospital - Rs. 3,000/- Loss of dependency - Rs. 96,000/- Pain and suffering - Rs. 8,000/- Loss of love and affection - Rs. 10,000/- Funeral expenses - Rs. 3,000/- --------------- Total - Rs.1,20,000/- =========== 7. Counsel for the claimants sought enhancement of the compensation for the loss of dependency and for the loss of love and MACA.No.315/2007 4 affection. The Tribunal took the monthly income of the deceased as Rs. 3,000/- and after deducting 2/3 for his personal expenses took only Rs. 1,000/- per month as his contribution to his family and adopted a multiplier of 8 and awarded Rs. 96,000/- for the loss of dependency. The deceased was a driver by profession which is proved by Ext.A5, the copy of the driving licence. Therefore, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 4,000/-. As he being a bachelor, half of his income can be deducted for his personal expenses. The Tribunal is not justified in deducting 2/3 for his personal expenses. As regards the multiplier adopted by the Tribunal, taking into consideration the fact that deceased was the only male child of first claimant and was aged only 21 at the time of the accident, we feel that a multiplier of 11 would be reasonable in this case. Thus calculated for the loss of dependency, claimants are entitled to Rs. 2,64,000/- ( 2000 x 12 x 11). Thus, on this count, claimants are entitled to an additional compensation of Rs. 1,68,000/-. 8. For the loss of love and affection, the Tribunal awarded a compensation of Rs. 10,000/- which appears to be very low. Taking into consideration the fact that deceased was the only male child of the MACA.No.315/2007 5 first claimant, 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/-. As regards the compensation awarded under other heads, we find the same to be reasonable and and therefore are not disturbing the same. 9. In the result, the claimants are entitled to an additional compensation of Rs. 1,83,000/-. They are entitled to 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 enhanced compensation shall be disbursed to first claimant. 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.315/2007 6 MACA.No.315/2007 7