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 MARCH 2011 / 12TH PHALGUNA 1932 MACA.No. 1918 of 2010() ----------------------- OPMV.823/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONERS ------------------------- 1. BEEFATHUMMA,AGED 58, W/O.LATE UNNI MUHAMMED HAJI, KUTTEERI PURAYIL HOUSE, PULLIPPARAMBA PO,CHELEMBRA VIA, MALAPPURAM DIST. 2. AYISHA BEEVI, AGED 53,W/O.LATE UNNI MUHAMMED HAJI,KUTTEERI PURAYIL HOUSE, PULLIPPARAMBA PO,CHELEMBRA VIA, MALAPPURAM DIST. 3. ABDUL KAREEM, AGED 44, S/O.BEEFATHUMMA,KUTTEERI PURAYIL HOUSE, PULLIPPARAMBA PO,CHELEMBRA VIA, MALAPPURAM DIST. 4. MAIMOONATH, AGED 41,D/O.BEEFATHUMMA, KUTTEERI PURAYIL HOUSE, PULLIPPARAMBA PO,CHELEMBRA VIA, MALAPPURAM DIST. 5. ASHRAF, AGED 38,S/O.BEEFATHUMMA,' KUTTEERI PURAYIL HOUSE, PULLIPPARAMBA PO,CHELEMBRA VIA, MALAPPURAM DIST. 6. SHAJITH, AGED 35, S/O.BEEFATHUMMA,'KUTTEERI PURAYIL HOUSE, PULLIPPARAMBA PO,CHELEMBRA VIA, MALAPPURAM DIST. 7. JUMAILATH, AGED 21 D/O.AYISHA BEEVI,KUTTERI PURAYIL HOUSE, PULLIPPARAMBA PO,CHELEMBRA VIA, MALAPPURAM DIST. 8. RAIHANATH, AGED 16, D/O.AYISHA BEEVI,(MINOR REPRESENTED BY HER MOTHER AYISHA BEEVI)KUTTERI PURAYIL HOUSE, PULLIPPARAMBA PO,CHELEMBRA VIA, MALAPPURAM DIST. BY ADV. SRI.E.NARAYANAN MACA.NO.1918/2010 RESPONDENT(S): 3RD RESPONDENT,(1ST AND 2ND RESPONDENT WERE EXPARTE ----------------------------------------------------------------- THE NATIONAL INSURANCE COMPANY LTD BRANCH OFFICE, 2ND FLOOR, KORAMBAYIL ARCADE, PANDIKKAD ROAD,MANJERI, MALAPPURAM DIST. ADV. SMT.RAJI T.BHASKAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1918 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.823/2007 on the file of the Motor Accidents Claims Tribunal, Tirur. They are the widows and children of deceased Unni Muhammed Haji who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated April 6, 2009 awarding a compensation of Rs. 2,18,550/- for the loss caused to them on account of the death of deceased in that accident. 2. On November 27, 2003, while the deceased was riding his motor cycle from Idimoozhikkal to Chelupadam and when he reached at Idimoozhikkal town, he was knocked down by a maruthi car bearing Reg.No.KL-10-Y-1295 driven by the second respondent in the O.P. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the car, the claimants filed the OP MACA.No.1918/2010 2 under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.2,50,000/-. 3. Respondents 1 and 2 in the O.P., the owner and the driver of the offending car remained absent before the Tribunal. The third respondent in the O.P., the insurer of the offending car filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A11 series were marked on the side of the claimants before the Tribunal. No evidence was adduced by the Insurance Company, the third respondent in the O.P. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the driver of the car and awarded a total compensation of Rs.2,18,550/- with interest at the rate of 9% per annum from the date of petition till realisation and a cost of Rs.1500/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.1918/2010 3 that the accident occurred due to the negligence on the part of the driver of the car 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.2,18,550/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,20,000/- Loss of consortium - Rs. 10,000/- Loss of love and affection - Rs. 5,000/- Pain and suffering - Rs. 5,000/- Medical bills - Rs. 71,747/- Bystander expenses - Rs. 1,800/- Funeral expenses - Rs. 5,000/- 8. Counsel for the claimants sought enhancement of compensation awarded for loss of dependency and for loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs.3000/- which works out to Rs. 36,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 24,000/- was taken as his annual contribution to his family. The Tribunal adopted a MACA.No.1918/2010 4 multiplier of 5 as the deceased was aged 65 at the time of the accident and awarded Rs. 1,20,000/- for the loss of dependency. According to the claimants, the deceased was a businessman earning Rs.8,000/- per month. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 4,000/- which comes to Rs. 48,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 32,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 5 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 1,60,000/- ( 32,000/- x 5). Thus on this count, the claimants are entitled to an additional compensation of Rs.40,000/-. 10. For loss of love and affection, Rs. 5,000/- was awarded by the Tribunal which appears to be quite inadequate. In the circumstances of the case, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.15,000/-. As regards the compensation awarded under other heads, we find the same to be MACA.No.1918/2010 5 reasonable and therefore are not disturbing the same. 11. In the result, the claimant are found entitled to an additional compensation of Rs. 55,000/-. They are entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The respondent/third respondent in the O.P., 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.1918/2010 6