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 3RD MARCH 2010 / 12TH PHALGUNA 1931 MACA.No. 1150 of 2007() ----------------------- OPMV.756/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANTS/PETITIONERS ------------------------------------- 1. DR. K.S.SHEEBA, W/O. LATE DR.SUJITH RAJ N., (ANJARATHAZHETHETHIL), PLAMTHODATHU HOUSE, PRAKULAM CHERIYIL, THRIKARUVA VILLAGE, KOLLAM TALUK, NOW RESIDING AT PULIMOOTTIL MANI SAUDAM, PAIPPADU MURI, PAIPPADU VILLAGE, CHANGANASSERY TALUK. 2. S.SOCRYA SUJITH, 1 MONTH OLD, D/O. LATE DR. SUJITH RAJ N., -DO- -DO-, MINOR, REPRESENTED BY NEXT FRIEND DR. K.S.SHEEBA, W/O. LATE DR. SUJITH RAJ N. 3. S.VIJAYALAKSHMI, W/O. DR. M.NADARAJAN, PLAMTHODATHU HOUSE, -DO- -DO- BY ADV. SRI.P.HARIDAS RESPONDENT(S): RESPONDENTS --------------------------- 1. RAJU O.T., S/O. THANKAPPAN, MODIYIL HOUSE, CHITTAR, PATHANAMTHITTA. 2. KUNJU MARAKKAR, S/O. ABDUL KHADER, KALLUMKALKUDIYIL HOUSE, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT. 3. ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, JYOTHI SUPER BAZAR, P.B.NO.8, THODUPUZHA. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1150 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No. 756/1999of Motor Accidents Claims Tribunal, Pathanamthitta challenges the judgment and award of the Tribunal granting a compensation of Rs. 9,24,000/- for the loss caused to them on account of the death of deceased Dr.Sujith Raj in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased Dr.Sujith Raj was an MBBS doctor having a monthly salary of more than Rs. 12,000/- per month. On April 24, 1999 at about 12 o' clock in the noon, deceased was riding his motor cycle bearing Reg.No.KL-5/E-9270 along Njalikandam-Kalloopara road and when he reached at Kaviyoor, a bus bearing Reg.No.KL-7/M-6327 driven by the first respondent came at a high speed and dashed against the scooter of the deceased. Deceased died on the spot. According to the claimants, accident occurred due to the rash and negligent driving MACA.No.1150/07 Page numbers of the bus by its driver, the first respondent. Therefore, respondents 1 to 3, the driver, owner and insurer respectively of the offending bus are jointly and severally liable to pay compensation to the claimants, who are the wife and children and dependents of the deceased. They claimed a compensation of Rs. 30 lakhs. 3. First respondent, the driver of the offending bus remained absent and was set ex parte before the Tribunal. Respondents 2 and 3, the owner and the insurer of the offending bus filed a written statement admitting the policy, but contending that there was no negligence on the part of the driver of the offending bus , the first respondent. 4. Exts.A1 to A16 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 9, 24,000/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants and the counsel for the third respondent, Insurance Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.1150/07 Page numbers 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 for consideration is whether the claimants are entitled to any enhanced compensation ? 7. The Tribunal awarded a total compensation of Rs. 9,24,000/-. The break up of the award amount is as under : Pain and suffering -Rs. 10,000/- Medical expenses -Rs. 10,000/- Loss of love and affection -Rs. 15,000/- Loss to the estate -Rs.10,000/- Loss of dependency -Rs.8,64,000/- Loss of consortium -Rs. 15,000/- ----------------- Rs. 9,24,000/- ========== 8. Counsel for the appellant mainly disputed the adequacy of compensation awarded under the head loss of dependency. We find much force in the above contention. The Tribunal fixed the yearly income of the deceased as Rs. 72,000/- ( 6,000/- x 12) and after deducting 1/3 for his personal expenses, took his annual contribution to the claimants as Rs. 48,000/-. Taking to account the age of the deceased as 28, a multiplier of 18 was taken by the Tribunal and assessed the loss of dependency at Rs. 8,64,000/-. MACA.No.1150/07 Page numbers 9. Counsel for the appellants mainly disputed the income assessed by the Tribunal. The deceased was an MBBS doctor. Ext.A10 is his certificate to that effect. In Ext.A11 it is seen that he has worked as Medical Officer in K.G.M. Hospital, Cumbummettu, Idukki for a short period from 1/1/1996 to 1/7/1996 on a salary of Rs. 12,000/- per month. He got temporary appointment through Employment Exchange as Assistant Surgeon in the Health Services Department at P.H.Centre, Vellavoor and that he was obtaining a salary of Rs. 7,500/- during that period. Ext.A13 is the certificate showing the salary of the deceased. Ext.A14 is the pay slip and Ext.A16 is the certificate issued about the particulars of his salary. The claimants produced the copy of Ext.A16 salary certificate which shows that the deceased was getting a salary of Rs. 8,409/-. The Tribunal took his monthly income as Rs. 6000/- which appears to be very low. Taking into consideration Exts. A14, A15 and A16, we feel that his monthly income can be reasonably assessed at Rs. 8400/- per month which comes to Rs. 100,800/- annually. After deducting 1/3 for his personal expenses, his annual contribution to the claimants will come to Rs. 67,200/-. The Tribunal adopted a multiplier of 18 which is not seriously disputed. MACA.No.1150/07 Page numbers Thus calculated, the claimants are entitled to a compensation of Rs. 12,09,600/- ( 67200 x 18) towards loss of dependency. Thus on this count, the claimants are entitled to an additional compensation of Rs. 3,45,600/-. The compensation awarded by the Tribunal on other heads appears to be reasonable. Therefore, we are not disturbing the same. 10. Thus, the claimants are entitled to an additional compensation of Rs. 3,45,600/-. They are entitled to proportionate cost and interest @ 9% per annum from the date of petition till the date of appeal and thereafter interest @ 7.5% per annum from the date of appeal till realisation for the enhanced compensation. 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 appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1150/07 Page numbers