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 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 112 of 2006() ---------------------- OPMV.591/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. SHYLAJA P., AGED 34 YEARS, W/O.NAMBIAR VEETTIL RAJAN, P.O.KODAKKAD, VIA-CHETTIPADI, MALAPPURAM DIST. 2. BAJITHA(MINOR), AGED 11 YEARS, D/O.SHYLAJA, P.O.KODAKKAD, VIA-CHETTIPPADI, MALAPPURAM DISTRICT. 3. BIJOY(MINOR) AGED 8 YEARS, S/O.SHYLAJA, P.O.KODAKKAD, VIA-CHETTIPPADI, MALAPPURAM DISTRICT. 4. BIPIN(MINOR), AGED 6 YEARS, S/O.SHYLAJA, P.O.KODAKKAD, VIA-CHETTIPPADI, MALAPPURAM DISTRICT. (MINORS REPRESENTED BY THEIR MOTHER 1ST APPELLANT) BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENT(S): RESPONDENTS -------------------------- 1. O.D.THOMAS, OTTAPLAKKAL, KAKAMTHODU, CHANGANASSERY, KOTTAYAM DISTRICT. 2. P.D.DEVASSIA, S/O.DEVASSIA, PALATHUNGAL, PERUNNA, CCHANGANASSERY P.O., KOTTAYAM DISTRICT. 3. THE ORIENTAL INSURANCE CO LTD., P.B.NO.26, RAJESWARY COMPLEX, PERUNNA, P.O.CHANGANASSERY, KOTTAYAM DISTRICT. MACA.NO.112/2006 4. A.P.KUNHIMON, S/O.CHERIYA BAVA, ANGAMANTE PURAKKAL HOUSE, P.O.,PARAPPANAGADI, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 5. THE UNITED INDIA INSURANCE CO LTD., BRANCCH OFFICE, MALAPPURAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.RAJEEV V.KURUP FOR R2 SRI.R.PARTHASARATHY FOR R5 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R5 SRI.P.JACOB MATHEW FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.112 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.591/1999 on the file of Motor Accidents Claims Tribunal, Tirur. They are the sister and her minor children of deceased Baburaj who died in a motor accident. On August 18, 1998, while he was driving lorry bearing Reg.No.KL- 10B/2907 from Parappanangadi to Thiruvalla for delivering fish and reached near fish market at Thiruvalla, it collided head on with another lorry bearing Reg.No.KL-5E/6465 driven by the first respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment at Medical College Hospital, Kozhikode on November 3, 1998. Alleging negligence against the first respondent, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.3,00,000/-. 2. Respondents 2 and 3 are the owner and insurer of the offending lorry. Respondents 4 and 5 are the owner and insurer of the lorry which was driven by the deceased. Respondents 1, 2 and 4 MACA.No.112/2006 2 remained absent before the Tribunal. Respondents 3 and 5 filed written statements admitting the policy of the respective vehicles, but attributed negligence to the driver of the other vehicle involved in the accident. 3. PW1 was examined and Exts.A1 to A11 were marked on the side of the claimants before the Tribunal. Exts.X1 to X3 were also marked in the case. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.1,30,000/- with interest at the rate of 9% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellants/claimants and the counsel for the Insurance Company. 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. MACA.No.112/2006 3 6. The Tribunal awarded a total compensation of Rs.1,30,000/- The break up of the compensation amount awarded is as under: Bystander expenses - Rs. 5,000/- Transportation - Rs. 4,000/- Funeral expenses - Rs. 3,000/- Medical bills - Rs.11,000/- Pain and suffering - Rs.15,000/- Loss to estate - Rs.91,800/- 7. The Counsel for the claimants sought enhancement of the compensation for the loss to estate and on other heads. 8. The claimants are the married sister and her minor children, who are not the dependents of the deceased. Therefore, the Tribunal instead of granting compensation for loss of dependency, granted compensation for loss to the estate. 9. The Tribunal took the monthly income of the deceased as Rs. 3,000/- and took Rs. 450/- per month as his savings and adopted a multiplier of 17 as the deceased was aged 34 and awarded Rs. 91,800/- for loss to the estate. The first claimant, the sister of the deceased testified as PW1 before the Tribunal that deceased used to contribute Rs. 2,000/- per month to her family. Taking into consideration that aspect, we feel that his savings can be reasonably estimated at Rs. 1,000/- per month after meeting his expenses. The multiplier MACA.No.112/2006 4 adopted by the Tribunal as 17 is not seriously challenged. Therefore, for the loss to the estate, the claimants are entitled to a compensation of Rs. 2,04,000/-( 1000 x 12 x 17) Rs.2,500/-. Thus on this count, the claimants are entitled to an additional compensation of Rs.1,12,200/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the claimants are found entitled to an additional compensation of Rs. 1,12,200/-. 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 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.112/2006 5 MACA.No.112/2006 6