IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 MACA.No. 1094 of 2004() ----------------------- OPMV.1597/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANTS/APPLICANTS: ------------------------------------ 1. A.N. AMBIKA, W/O. ACHUTHAN NAIR, PRIYADARSINI, VELLANADU P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. 2. PRIYA NAIR, D/O. ACHUTHAN NAIR, PRIYADARSINI, VELLANADU P.O., NEDUMANGADU, THIRUVANANTHAPURAM. 3. LEKSHMI NAIR, D/O ACHUTHAN NAIR, PRIYADARSINI, VELLANADU P.O., NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. ANIL KUMAR, T.C.47/698, MADHU BHAVAN, MUTTATHARA, THIRUVANANTHAPURAM. 2. N. RADHAKRISHNAN NAIR, S/O. NARAYANAN NAIR, AMBALAYAM, N.C.C. ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM. 3. NEW INDIA ASSURANCE COMPANY LTD., BRANCH UNIT I (760501), 2ND FLOOR, K.N. MATHEW BUILDINGS, GANDHIRIAMMAN COIL ROAD, THIRUVANANTHAPURAM. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1094 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1597/1998 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. They are the wife and daughters of deceased Achuthan Nair who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated May 22, 2003 awarding a compensation of Rs. 7,00,200/- for the loss caused to them on account of the death of deceased in that accident. 2. On May 20, 1996 at about 10 a.m, while the deceased was riding his scooter, it dashed against a motor bike bearing Reg.No.KL- 01 G.7460 ridden by first respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the first respondent, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.20,00,000/-. 3. In the O.P. no steps were taken to service notice on the first MACA.No.1094/2004 2 respondent, The second respondent, the owner of the offending motor bike remained absent before the Tribunal. The third respondent, the insurer of the offending motor bike filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A17 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. 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.7,00,200/- 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. 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 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 MACA.No.1094/2004 3 entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.7,00,200/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.6,42,200/- Loss of consortium - Rs. 15,000/- Loss of estate - Rs. 15,000/- Pain and suffering - Rs. 10,000/- Loss of love and affection - Rs. 10,000/- Transportation & funeral exp.- Rs. 5,000/- Medical expenses - Rs. 3,000/- 8. Counsel for the claimants sought enhancement of compensation awarded for loss of dependency and for loss of love and affection. 9. The deceased was working as a Selection Grade Lecturer in Iqbal College, Paringamala. Ext.A7, his salary certificate, shows his salary as Rs.15,110/-. At the time of the death, he was aged 55 and had 3 years and 10 months of service left. The Tribunal took the monthly income of the deceased as Rs.15,110/- which comes to Rs.1,81,320/-. Ext.A6 copy of the statement of income tax of the deceased shows that he was paying an income tax of Rs.12,493/- per annum. After MACA.No.1094/2004 4 deducting Rs.12,500/- towards income tax, the balance amount of Rs.1,68,820/- was taken as his annual income and after deducting Rs.56,270/- i.e. 1/3 towards his personal expenses, the balance amount of Rs. 1,12,550/- was taken as his annual contribution to his family. The Tribunal took loss of dependency for the first four years at the above mentioned rate and awarded Rs.4,50,200/- for the first four years. But after retirement, his monthly income was fixed as Rs.3,000/- and after deducting 1/3 for his personal expenses, took the balance amount of Rs.2,000/- was taken as his monthly contribution to his family and adopted a multiplier of 8 and awarded Rs. 1,92,000/-. 10. The deceased being a Selection Grade Lecturer in a College, we feel that even after retirement, he would have been gainfully employed in any another private colleges. Therefore, his contribution to his family has to be taken as Rs.1,12,550/- for the 12 years throughout. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 13,50,600/- ( 1,12,550 x 12). Thus on this count, the claimants are entitled to an additional compensation of Rs.7,08,400/-. MACA.No.1094/2004 5 11. For loss of love and affection, Rs. 10,000/- was awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the age of the claimants, we feel that a compensation of Rs. 30,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.20,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and, therefore, are not disturbing the same. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 7,28,400/-. 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.1094/2004 6 MACA.No.1094/2004 7