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 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 MACA.No. 795 of 2008() ------------------------------------ OPMV.2969/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): /PETITIONERS ---------------------------------------------- 1. P.PRABHAVATHI, 42 YEARS, WIFE OF LATE P.RAJAN, "PUSHYARAGAM", PATTATHANAM NILAYAM, P.O.CHALIYAM, KOZHIKODE DISTRICT. 2. P.NIBI RAJ, AGED 22 YEARS, OF LATE P.RAJAN, "PUSHYARAGAM", PATTATHANAM NILAYAM, P.O.CHALIYAM, KOZHIKODE DISTRICT. 3. P.NIMI RAJ, AGED 19 YEARS, D/O.LATE P.RAJAN, "PUSHYARAGAM", PATTATHANAM NILAYAM, P.O.CHALIYAM, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. SUBASH D.ANANDACHE, 166, HOSUR, KATH GALLI, SHAHAPUR, BELGAUM, KARNATAKA STATE. 2. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO.LTD., MARUTHI GALLI, BELGAUM, KARNATAKA STATE. 3. DEVADASAN, PROPRIETOR, M/S.PRIYA CONSTRUCTIONS, P.O.SAKTHI NAGAR, RAICHUR DISTRICT - 584 170. M.A.C.A. NO.795/2008 4. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., JASEELA COMPLEX, NILAMBUR ROAD, MALAPPURAM DISTRICT. 5. P.KALLIANAI, AGED 68 YEARS, WIFE OF LATE UNNIKUTTY, "PUSHYARAGAM", PATTATHANAM NILAYAM, P.O.CHALIYAM, KOZHIKODE DISTRICT. R2 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE R2 BY ADVS. SRI.P.JACOB MATHEW, R4 BY SMT.A.SREEKALA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 795 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of December, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No. 2969 of 2001 on the file of the Motor Accidents Claims Tribunal, Kozhikode. They are the wife, minor children and mother of deceased Rajan who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated June 19, 2007 awarding a compensation of Rs.4,48,500/- for the loss caused to them on account of the death of Rajan in that accident. 2. The accident happened on April 11, 2001 at about 9.30 a.m. in Dharwad district, Karnataka State. Deceased Rajan was travelling in a jeep bearing registration No.KA-36 M 1024 from Dharwad to Eenamangal along Dharwad – Soudhathi road. When the jeep reached at Balawadi Nagappan Pond, it collided head on with a tempo van MACA 795/2008 2 bearing registration No.KA-22/7825, as a result of which Rajan sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the tempo van, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.5 lakhs. 3. The 1st respondent was the owner of the tempo van and the 2nd respondent was the insurer of the same. Respondents 3 and 4 were owner and insurer of the jeep in which the deceased was travelling. Respondents 2 and 4 admitted the policy of respective vehicles. Respondents 1 and 3 remained absent before the Tribunal. 4. Exts. A1 to A8 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to the negligence of the driver of the offending tempo van and awarded a compensation of Rs.4,48,500/- with interest at the rate of 6% per annum from the date of petition till realization and a cost of MACA 795/2008 3 Rs.2,500/- against respondents 1 and 2. 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 the learned counsel for the Insurance Company. 6. The accident is not disputed. The fact the deceased died as a result of the injuries sustained in the accident is also admitted. The finding of the Tribunal that the accident occurred due to the negligence of the driver of the offending tempo van 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 Tribunal awarded a total compensation of Rs.4,48,500/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.4,16,000/- Pain and suffering : Rs. 10,000/- Transportation : Rs. 10,000/- Funeral expenses. : Rs. 2,500/- Loss of consortium : Rs. 10,000/- MACA 795/2008 4 ------------------ Total : Rs.4,48,500/- ======== 8. The learned counsel for the appellants mainly sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 9. According to the claimants, the deceased was working as a Steel Fitter in Priya Constructions, Sakthi Nagar, Karnataka and was earning Rs.5,000/-per month. As no documents were produced to prove the income of the deceased, the Tribunal took his monthly income as Rs.4,000/-. After deducting 1/3 for his personal expenses, balance amount of Rs.32,000/- per annum was taken as his annual contribution to his family. As deceased was aged 46 at the time of the accident, the Tribunal adopted multiplier as 13 and awarded Rs.4,16,000/- for the loss of dependency. Taking into consideration the age of the claimants and in the circumstances of the case, we feel that the compensation awarded by the Tribunal is just and reasonable. That being so, the claimants are not entitled to MACA 795/2008 5 any enhanced compensation. It follows that the appeal has to be dismissed. In the result the appeal is dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.