IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 MACA.No. 2070 of 2009() ------------------------------------ OP(MV) .1817/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): 3RD RESPONDENT ----------------------------------------------------- UNITED INDIA INSURANCE COMPANY LIMITED, MUVATTUPUZHA NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, "SHARANYA", HOSPITAL ROAD, KOCHI-11. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE BY ADV. SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONERS ----------------------------------------------- 1. * VARGHESE C.P., S/O.PAPPU, CHERUPULLIL HOUSE, CHERANALLOOR P.O., KOCHI-34.(DELETED) * RESPONDENT NO.1 DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 09/09/09 IN I.A.NO.2543/09. 2. ROSY VARGHESE W/O.VARGHESE, DO. DO. 3. SABU VARGHESE @ PIUS S/O.VARGHESE , DO. DO. 4. GEORGE VARGHESE S/O.VARGHESE, DO. DO. R3 BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 2070 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 8th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the 3rd respondent Insurance Company in O.P.(MV) No.1817 of 2001 on the file of the Addl. Motor Accidents Claims Tribunal, Ernakulam. In this appeal the appellant challenges the judgment and award of the Tribunal dated August 5, 2008 awarding a compensation of Rs.3,28,827/- to the claimants for the loss caused to them on account of death of one Johny Varghese in a motor accident. 2. The accident happened on December 24, 2000 at about 1.45 p.m. at Chittanadu near Veegaland, Ernakulam. While deceased Johny Varghese was pillion riding on a motor cycle bearing registration No. KCF/6549 from south to north along Chittanadu Palli Road, he was knocked down by a jeep bearing registration No.KBF/4826, driven by the 2nd respondent. He sustained very serious injuries and he succumbed to the injuries sustained while undergoing MACA 2070/2009 2 treatment in the hospital. Alleging negligence against the 2nd respondent driver of the offending jeep, the claimants filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.6 lakhs. 3. Respondents 1 and 2 in the O.P., the owner and driver of the offending jeep, remained absent before the Tribunal. Respondent No.3, insurer of the offending jeep, filed a written statement admitting the policy but attributed negligence to the rider of the motor cycle. 4. PWs.1 and 2 were examined and Exts.A1 to A12 were marked on the side of the claimants. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the second respondent, driver of the offending jeep, and awarded a compensation of Rs.3,28,827/- with interest @ 8% per annum from the date of petition till realization and cost of Rs.3,000/-. Respondent No.3, insurer of the offending jeep, has come up in appeal challenging the quantum of compensation awarded by the MACA 2070/2009 3 Tribunal. 5. Heard the learned counsel for the appellant Insurance Company and the learned counsel for the claimants. 6. The only question which arise for consideration is whether the compensation awarded by the Tribunal is excessive. 7. The Tribunal awarded a total compensation of Rs.3,28,827/-. Break up of the compensation amount awarded is as under:- Loss of dependency : Rs.3,00,000 Medical bills : Rs. 13,200 Pain and suffering : Rs. 10,000 Loss of estate : Rs. 2,500 Funeral expense : Rs. 2,500 Transportation : Rs. 1,000 Loss of love and affection : Rs. 5,000 ------------------ Total : Rs.3,34,200 ======== 8. The learned counsel for the appellant argued that while assessing the loss of dependency, the Tribunal has adopted a multiplier of 15, that as the deceased was unmarried and aged 34 and his parents were aged 78 and MACA 2070/2009 4 65 respectively at the time of the accident, the multiplier adopted by the Tribunal is excessive. There is some force in the above contention. 9. The Tribunal took the monthly income of the deceased as Rs.2,500/-, which comes to Rs.30,000/- per annum and after deducting 1/3rd for his personal expenses, took the balance amount of Rs.20,000/- per annum as his contribution to his family, adopted multiplier of 15 and awarded Rs.3,00,000/- for loss of dependency. The deceased was aged 34 at the time of the accident. Claimants 1 and 2 were aged 78 and 65 respectively at the time of the accident. The 1st claimant is reported dead. Claimants 3 and 4 who are brothers of the deceased are majors. Under these circumstances, we feel that a multiplier of 7 would be reasonable in this case. 10. According to the claimants, the deceased was a Mason earning Rs.4,000/- per month. Therefore, his monthly income can reasonable be fixed at Rs.3,000/-. After deducting 1/3rd for his personal expenses balance amount of MACA 2070/2009 5 Rs.2,000/- per month can be taken as his contribution to this family. Thus the claimants are entitled to a compensation of Rs.1,68,000/- (Rs.2,000/- x 12 x 7) for the loss of dependency instead of Rs.3,00,000/- assessed by the Tribunal. 11. The Tribunal awarded Rs.10,000/- for pain and suffering endured. In the circumstances of the case, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 12. The Tribunal awarded Rs.5,000/- for loss of love and affection, which appears to be quite inadequate. Taking into consideration the age of the claimants, we feel that a compensation of Rs.25,000/- would be reasonable on this count. 13. There is another aspect in this case. The Tribunal allotted 50% of the compensation to the mother and 25% each to claimants 3 and 4. The mother is aged about 75 now. Therefore, we feel that 70% shall be disbursed to the mother and 15% each to claimants 3 and 4. MACA 2070/2009 6 14. In the result, the claimants are entitled to a compensation of Rs.2,27,200/- instead of Rs.3,34,200/- assessed by the Tribunal. They are entitled to interest @ 8% per annum from the date of petition till realization and proportionate cost. The appellant shall deposit the amount 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 mn.