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 1ST APRIL 2011 / 11TH CHAITHRA 1933 MACA.No. 1611 of 2009() ----------------------- OPMV.1400/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/ PETITIONERS: ------------------------------------------- 1. SRUTHI SURENDRAN(MINOR),9 YEARS, PATTUVAKKARAN HOUSE, PUZHATHI, P.O.CHIRAKKAL, KANNUR-11. 2. SREERAG SURENDRAN (MINOR), 2 YEARS, PATTUVAKKARAN HOUSE, PUZHATHI, P.O.CHIRAKKAL, KANNUR-11. (MINOR APPELLANTS 1 & 2 REP. BY THEIR GUARDIAN SIVADASAN P., S/O.KANNAN P.C., 44 YEARS, PATTUVAK- KARAN (H), PUZHATHI, CHIRAKKAL P.O., KANNUR). BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. K.M.JOSE, S/O.K.J.MATHEW,KODUMATTATHIL HOUSE, KANAMVAYAL, P.O.CHERUPUZHA. 2. NEW INDIA ASSURANCE CO. LTD., KANNUR. 3. SANDEEP KUMAR K.P., KOZHIPARAMBIL HOUSE, NO.317, WARD NO.9, CHIRAKKAL, KANNUR (DELETED FROM THE PARTY ARRAY AS PER ORDER IN M.A.C.A. DATED 5.1.2010) 4. K.NAZEER, S/O.SOUP, KODIYIL MOTTA HOUSE, NEDUVATTU, P.O.NARATH, KANNUR. 5. UNITED INDIA INSURANCE CO. LTD., BORTHERS COMPLEX, THALASSERY ROAD, KANNUR. 6. KUNHIPOYIL PANKAJAKSHI, D/O.NARAYANAN, KUTTATOOR AMSOM DESOM. ADV. SRI.A.K.SRINIVASAN FOR R4 SRI.A.S.BENOY FOR R4 SRI.M.JACOB MURICKAN FOR R2 SRI.SUNIL NAIR PALAKKAT FOR R1 SRI.K.N.ABHILASH FOR R1 SRI.P.U.SHAILAJAN FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. No.1611 OF 2009 --------------------------------------- DATED THIS THE 1st DAY OF APRIL, 2011 JUDGMENT ----------------- Barkath Ali, J. Appellants are the claimants 2 and 3 in O.P.(M.V.) No. 1400/2009 on the file of Motor Accidents Claims Tribunal, Thalassery. They are the children of deceased Valsala who died in a motor accident. In this appeal the Appellants challenge the judgment and award of the Tribunal dated October 1,2005 awarding a compensation of ` 2,20,000/- for the loss caused to them on account of death of their mother Valsala in the motor accident. 2. The accident happened on August 18,1998 at 11.15 p.m. near Keycee petrol pump at Valapattanam in Thalassery. The claimants, their mother and others were travelling in an autorickshaw bearing registration No. KL-13/3870 from Chirakkal to Pappinisseri Visha Chikilsalayam. At that time a jeep bearing registration No. KL-10/B7754 driven by the 2nd respondent came at a high speed and dashed against the autorickshaw. The deceased sustained serious injuries and she M.A.C.A. No.1611 OF 2009 2 succumbed to the injuries sustained on the spot. Alleging negligence against the 2nd respondent, the driver of the offending jeep, the claimants filed the O.P. before the Tribunal claiming a compensation of ` 7,25,000/-. The deceased first claimant was the father of the children. During the pendency of O.P. he died. As claimants 2 and 3 are minors they are represented by their guardian uncle. 3. Respondents 1 and 2, the owner and driver of the offending jeep filed a joint written statement admitting the accident but denied the liability. The 3rd respondent, the insurer of the offending jeep filed a written statement admitting the policy of the offending jeep. During the pendency of the petition, the 2nd respondent died. His legal heir was impleaded as supplemental 4th respondent in the O.P. 4. This O.P. was jointly tried along with other O.Ps. filed by other injured persons in the accident and a common award was passed. P.Ws. 1 to 4 were examined on the side of the claimants and Exts. A1 to A38 series were marked. Ext. B1 was marked on the side of the respondents. Exts. X1 to X5 were also marked. On an appreciation of evidence, the Tribunal found that M.A.C.A. No.1611 OF 2009 3 the accident occurred due to negligence of the 2nd respondent and awarded a compensation of ` 2,20,000/- with interest at the rate of 9% per annum from the date of petition till the date of award and thereafter at 6% per annum till realization and proportionate cost. The claimants 2 and 3 have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants 2 and 3 and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 2nd respondent is not seriously 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 ` 2,20,000/-. The break up of the compensation amount awarded by the Tribunal is as under: Loss of dependency : ` 1,80,000/- (1000 x 12 x 15) Loss of estate : ` 5,000/- M.A.C.A. No.1611 OF 2009 4 Pain and sufferings : ` 10,000/- Loss of love and affection : ` 20,000/- Transportation expense : ` 2,500/- Funeral expense : ` 2,500/- -------------------- Total : ` 2,20,000/- ======== 8. The counsel for the claimants sought enhancement of the compensation for the loss of dependency and on other heads: 9. The Tribunal took the monthly income of the claimant as ` 1500/-. After deducting 1/3 of his personal expenses, balance amount of ` 1000/- has taken as his monthly contribution to his family and adopted a multiplier of 15 as the deceased was aged 40 at the time of the accident and awarded ` 1,80,000/- for loss of dependency. 10. The deceased was a lady aged 40 at the time of accident and has worked as Clerk-cum-Typist in various establishments. She was a graduate and passed the Typewriting and Shorthand examinations. Ext. A37 is her degree certificate and A38 series are her experience certificates. Taking into consideration these aspects, we feel that her monthly income can M.A.C.A. No.1611 OF 2009 5 be reasonably fixed at ` 2,500/- which comes to ` 30,000/- per annum. Taking into consideration the young age of the appellants-children, we feel that only ¼th of her income need be deducted towards her personal expenses. Thus, the balance amount of ` 22,500/- can be taken as her annual contribution to her family. The multiplier 15 adopted by the Tribunal is not seriously challenged. Thus, calculated, for the loss of dependency, claimants are entitled to a compensation of ` 3,37,500/- (` 22,500x15). Thus, on this count, the claimants are entitled to an additional compensation of ` 1,57,500/-. 11. The Tribunal awarded ` 20,000/- for loss of love and affection and ` 5000/- for loss of estate. Taking into consideration the young age of the children, we feel that a compensation of ` 35,000/- for loss of love and affection and ` 10,000/- for loss of estate would be reasonable. As regards, the compensation awarded under other heads, we find the same to be reasonable and we are not disturbing the same. 12. In the result, the appellants/claimants are found entitled to an additional compensation of ` 1,77,500/-. The claimant are entitled to interest at the rate of 7.5% per annum on M.A.C.A. No.1611 OF 2009 6 the compensation already awarded and also for the enhanced compensation from the date of petition till realization. The 3rd 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 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 PKK