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 15TH JUNE 2011 / 25TH JYAISHTA 1933 MACA.No. 1773 of 2009() ----------------------- OPMV.975/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/THIRD RESPONDENT -------------- UNITED INDIA INSURANCE CO. LTD., PALAKKAD NOW REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, "SHARANYA" HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENTS/PETITIONERS AND RESPONDENTS 5 TO 7 --------------- 1. P.C.SHARMILA, W/O. LATE C.S.SOMASUNDARAN, 'ANUGRAHA' 37-A MOUNT ROAD COONOOR NILGIRIS-643102. 2. S.SREYA (MINOR) D/O. LATE C.S.SOMASUNDARAN, DO-DO- 3. RATHNAKUMARI, D/O. LATE A.A. DEVAKI CHULLIYIL HOUSE, KOTTAYI P.O. ALATHUR TALUK PALAKKAD DIST. 4. PRASEETHA, D/O. LATE A.A.DEVAKI, DO-DO- 5. PRAMEELA, D/O. LATE A.A. DEVAKI, DO-DO- THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1773 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the third respondent Insurance Company in O.P. (MV)No.975/2002 on the file of Motor Accidents Claims Tribunal, Palakkad. In this appeal the appellant challenges the judgment and award of the Tribunal dated August 21, 2008 awarding a compensation of Rs. 28,00,000/- to the claimants, who are respondents 1 and 2 in this appeal, for the loss caused to them on account of the death of deceased Somasundaran in a motor accident. 2. On March 13, 2002 at about 4.30 p.m. the deceased was riding the motor cycle bearing Reg.No.KL 9 J 9839. When he reached at Anikkode, he was knocked down by the jeep bearing Reg.No.KL 8D.4699 driven by the second respondent in the O.P.. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the jeep, the claimants, who are the wife and MACA.No.1773/2009 2 minor daughter of the deceased, filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.40,00,000/-. 3. Respondents 1 and 2 in the O.P., the owner and the driver of the offending jeep remained absent before the Tribunal. The third respondent/appellant, the insurer of the offending jeep filed a written statement admitting the policy of the jeep, but attributed negligence to the deceased. The fourth respondent in the O.P. was the mother of the deceased. She died during the pendency of O.P. The sisters of the deceased were impleaded as additional respondents 5, 6 and 7 in the O.P.. 4. PW1 was examined and Exts.A1 to A12 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent/appellant. On an appreciation of evidence the Tribunal assessed a total compensation of Rs.41,25,000/- and found that there was 20% contributory negligence on the part of the deceased and awarded only Rs.28,00,000/- with interest at the rate of 7.5% per annum from the date of petition till realisation and a cost of Rs.1,000/-. The third respondent/Insurance MACA.No.1773/2009 3 company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant Insurance Company and the counsel for the claimants. 6. As against the same award, the claimants have filed M.A.C.A.No.1176/2009 and we have by judgment dated February 21, 2011, enhanced the compensation due to the claimants and also reduced the contributory negligence on the part of the deceased to 10%. In this appeal, the appellant/Insurance Company has contended that the compensation awarded is excessive. 7. The Tribunal assessed a total compensation of Rs.41,25,000/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.40,80,000/- Funeral expenses - Rs. 5,000/- Loss of consortium - Rs. 15,000/- Loss of love and affection - Rs. 10,000/- Loss of estate - Rs. 5,000/- Transport to hospital - Rs. 5,000/- Pain and suffering - Rs. 5,000/- 8. The deceased was employed as an Engineer in Doha MACA.No.1773/2009 4 earning 2700 Riyals per month which comes to Rs.34,074/- per month. The Tribunal took the monthly income of the deceased as Rs.30,000/- and after deducting 1/3 for his personal expenses, the balance amount of Rs.20,000/- was taken as his monthly contribution to his family and adopted a multiplier of 17 and assessed Rs.40,80,000/- for the loss of dependency. The Tribunal deducted 20% from the same and awarded Rs.28,00,000/- as compensation. By separate judgment of this court in M.A.C.A.No.1176/2009 dated February 21, 2011, we have found that there was only 10% contributory negligence on the part of the deceased and awarded an enhancement of Rs.9,12,500/-. Taking into consideration the fact that deceased was employed abroad and he was aged only 33 , we feel that the compensation awarded by the Tribunal is just and reasonable and not excessive. That being so, we find no merit in this appeal and the same is hereby dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1773/2009 5 MACA.No.1773/2009 6