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 NOVEMBER 2010 / 12TH KARTHIKA 1932 MACA.No. 1483 of 2005() ----------------------- OPMV.3177/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. P.T. PHILIP, S/O. P.C. THOMAS, "PALMDALE", MARKET ROAD, MULANTHURUTHY. 2. ANISH PHILIP, S/O. P.T. PHILIP, "PALMDALE", MARKET ROAD, MULANTHURUTHY. 3. ANITHA PHILIP, D/O. P.T. PHILIP, "PALMDALE", MARKET ROAD, MULANTHURUTHY. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS --------------- 1. P.G. VIJAHYAKUMAR, RENJITH NIVAS, MARAMPILLY. 2. GIRISH, POOPPARAYIL HOUSE, THIRUVANIYOOR. 3. THE ORIENTAL INSURANCE CO.LTD., KOTHAMANGALAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON 03/11/2010 PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1483 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)3177/1997 on the file of the Motor Accidents Claims Tribunal, Ernakulam. They are the husband, son and daughter of deceased Mary Philip, who died in a motor accident. In this appeal claimants challenge the judgment and award of the Tribunal dated April 19, 2005 awarding a compensation of Rs. 2,07,000/- for the loss caused to them on account of the death of deceased in the accident. 2. On September 1, 1997 at about 5.30 p.m., while the deceased was walking along Multhanthuruthy-Vettikal road and reached near her house, she was knocked down from behind by an autorickshaw bearing Reg.No.KL-7/H-3808 driven by the second respondent. The deceased sustained serious injuries and she succumbed to the injuries sustained while undergoing treatment in the hospital on September 6, 1997. Alleging negligence against the driver of the MACA.No.1483/2005 2 autorickshaw, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,50,000/-. 3. First respondent, the owner of the offending autorickshaw remained absent before the Tribunal. The second respondent, the driver of the offending autorickshaw though entered appearance did not file any written statement. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A8 were marked on the side of the claimants before the Tribunal. 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 second respondent and awarded a total compensation of Rs.2,07,000/- with interest at the rate of 9% per annum from the date of petition till realisation and proportionate cost. 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. MACA.No.1483/2005 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the driver of the autorickshaw 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.2,07,000/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,56,000/- Funeral expenses - Rs. 3,000/- Transportation - Rs. 1,000/- Carriage of dead body - Rs. 2,000/- Pain and suffering - Rs. 10,000/- Medical expenses - Rs. 15,000/- Loss of love and affection - Rs. 10,000/- Medical bills - Rs. 10,000/- 8. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3 for her personal expenses, the balance amount of Rs. 1,000/- was taken was her monthly contribution to her family. The Tribunal adopted a multiplier of 13 as the deceased was aged 45 at the time of the accident and awarded Rs. 1,56,000/- for MACA.No.1483/2005 4 the loss of dependency. The deceased was a lady aged 45. She was working as an Operator in O.E.N. India Limited at Mulanthuruthy. Ext.A8 her salary certificate shows that she was drawing a salary of Rs. 4339.60 per month. Taking into consideration the above aspect, we feel that her monthly contribution to her family can be reasonably fixed at Rs. 2,500/- after deducting her personal expenses, which comes to Rs. 30,000/- per annum. The Tribunal adopted a multiplier of 13 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,90,000/- ( 30,000 x 13). Thus on this count, the claimants are entitled to an additional compensation of Rs.2,34,000/-. 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. 2,34,000/- with 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 MACA.No.1483/2005 5 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.1483/2005 6