IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 MACA.No. 147 of 2005() ---------------------------------- OP(MV)NO. 1306/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT/PETITIONER: ------------------------------------------------------------- 1. SAROJA, AGED 32 YEARS, W/O.LATE VELLINGIRI, SELLINGAR, VADAKKANTHARA, PALAKKAD DISTRICT. 2. VYSAKHAN, AGED 8, S/O.LATE VELLINGIRI, DO. 3. SATHRUKHANAN, AGED 4 YEARS, DO. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. * ASSAINAR, S/O.SAIDALAVI, VAKILPARAMBE HOUSE, PUTHUPARIYARAM.(DELETED) * R1 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS. VIDE ORDER DATED 19/1/05 IN I.A.NO.247/05. 2. UNITED INDIA INSURANCE CO.LTD., METTUPPALAYAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 147 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 3rd day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1306 of 1997 on the file of the Motor Accidents Claims Tribunal, Palakkad. Claimants are the widow and two minor children of deceased Velliangiri who died in a motor accident that occurred on April 13, 1997 at about 1.30 p.m near EST Hospital, Jainimedu. In this appeal they challenge the judgment and award of the Tribunal dated November 18, 2004 awarding a compensation of Rs.2,10,750/- for the loss caused to them on account of the death of deceased Velliangiri. 2. The accident happened while deceased was driving an auto-rickshaw bearing registration No.KL-9/6883, it collided head on with a lorry bearing registration No. TDB 9574, driven by the first respondent. He sustained serious injuries and he succumbed to the injuries sustained on the MACA 147/2005 2 way to the hospital. The claimants filed the O.P. before the tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.4,50,000/-, alleging negligence against the first respondent. 3. First respondent, the owner-cum-driver of the offending lorry, remained absent before the Tribunal. The second respondent, insurer of the offending lorry, filed a written statement admitting the policy but attributed negligence to the deceased. 4. Exts.A1 to A4 were marked on the side of the claimants. Ext.B1 was marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the first respondent, driver of the offending lorry, and awarded a compensation of Rs.2,10,750/- with interest @ 9% per annum from the date of petition realization and cost of Rs.750/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA 147/2005 3 5. Heard the learned counsel for the claimant and learned counsel the Insurance Company. 6. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent, driver of the offending lorry, and that the deceased died as a result of the injuries sustained in the accident are not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs. 2,10,750/-. Break up of the compensation amount awarded is as under:- Loss of dependency : Rs.1,92,000 Transport expenses : Rs. 1,500 Damage to clothing : Rs. 250 Pain and suffering : Rs. 5,000 Loss of estate : Rs. 2,500 Funeral expenses : Rs. 2,000 Love and affection : Rs. 2,500 Loss of consortium : Rs. 5,000 ------------- Total : Rs.2,10,750 ======= 8. Learned counsel for the claimants sought MACA 147/2005 4 enhancement of the compensation for the loss of dependency, for loss of love and affection and for loss of consortium. 9. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses balance amount of Rs.1,000/- was taken as his monthly contribution to his family, which comes to Rs.12,000/- per annum. The Tribunal adopted a multiplier of 16, as he was aged 38 at the time of the accident and awarded a compensation of Rs.1,92,000/- for the loss of dependency. Taking into consideration the fact that the deceased was an auto-rickshaw driver, we feel that his monthly income can reasonably be fixed at Rs.2,500/-, which comes to Rs.30,000/- per annum. After deducting 1/3rd for his personal expenses balance amount of Rs.20,000/- can be taken as his annual contribution to his family. Multiplier adopted by the Tribunal as 16 is not seriously challenged in this appeal. Thus calculated the claimants are entitled to a compensation of Rs.3,20,000/- MACA 147/2005 5 (Rs.20,000/- x 16) for the loss of dependency. Thus the claimants are entitled to an additional compensation of Rs.1,28,000/- on this count. 10. The Tribunal awarded Rs.5,000/- for loss of consortium, which appears to be very low. Taking into consideration the age of the widow, we feel that a compensation of Rs.10,000/- would be reasonable on this count. 11. The Tribunal awarded Rs.2,500/- for loss of love and affection, which appears to be very low. Taking into consideration the age of the claimants and age of the deceased, we feel that a compensation of Rs.15,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore not disturbing the same. Regarding the apportionment and disbursement of the same, the direction of the Tribunal will stand. 12. In the result, the claimants are found entitled to an additional compensation of Rs.1,45,500/- with interest @ MACA 147/2005 6 7.5% per annum from the date of petition till realization and proportionate costs. The second respondent insurer of the offending lorry is directed to deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. The award of the Tribunal is modified as above. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.