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 18TH MAY 2010 / 28TH VAISAKHA 1932 MACA.No. 231 of 2004() ---------------------- OPMV.820/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/PETITIONERS :- ------------------------------------------ 1. C.C.VARGHESE, AGED 68 YEARS S/O. CHACKO CHIRAMEL HOUSE, MARKET WARD, ALAPUZHA. 2. REETHAMMA VARGHESE W/O. C.C.VARGHESE AGED 55 YEARS, CHIRAMEL HOUSE, MARKET ROAD, ALAPPUZHA. BY ADV. MR.K.ABDUL JAWAD RESPONDENT(S)/RESPONDENTS :- ----------------------------------------------- 1. CHANDRASEKHARAN S/O. KUNJU KOTTUMAKKAL HOUSE, WARD NO.5 AYYANTHOLE PANCHAYATH, THRISSUR DISTRICT. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. ADV. MR.SAJEEVKUMAR K GOPAL,SC KSRTC. FOR R1 MR.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R2 R2 BY MR.JAMESKOSHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt A.K.BASHEER & P.Q. BARKATH ALI, JJ. =========================== M.A.C.A. No. 231 of 2004 ================= Dated this the 18th day of May 2010 J U D G M E N T Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No. 820 of 1998 on the file of Motor Accidents Claims Tribunal, Alappuzha challenges the award of the Tribunal dated May 13, 2003, awarding a compensation of Rs.1,04,980/- for the loss caused to the claimants, on account of the death of Josy Varghese in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The deceased was aged 24 at the time of the accident and used to earn more than Rs.5,000/- per month as Manager of M/s. Aleppey Traders and as a partner of M.A.C.A. No. 231 of 2004 -2- M/s. Transworld Exports and Transworld Apparels. On April 26, 1997 at about 9.30p.m. the deceased was riding his motor cycle from north to south along District Court bridge to Zero Junction in Alappuzha. When he reached in front of traffic island of District Court bridge, a superfast KSRTC bus bearing Registration No.KL-15/2309 came at a high speed from east to west and dashed against the motor cycle of the deceased. The deceased sustained serious injuries and he succumbed to the injuries sustained at about 4.30p.m. on April 27, 1997 while undergoing treatment at Medical Trust Hospital, Ernakulam. The Claimants are the parents of the deceased. According to the claimants, the accident occurred due to the rash and negligent driving of the offending bus by the 1st respondent. 1st respondent as the driver, 2nd respondent as the owner of the offending bus are jointly and severally liable to pay compensation to the claimants, who are the M.A.C.A. No. 231 of 2004 -3- parents and the dependents of the deceased. The claimants claimed a compensation of Rs.10,00,000/-. 3. The 1st respondent, the driver of the offending bus did not file any written statement before the Tribunal. 2nd respondent, the Managing Director of the KSRTC filed a written statement admitting the accident, but contending that the accident occurred due to the negligence on the part of the deceased. 4. PW1 was examined and Exts. A1 to A8 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.1,04,980/-. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. M.A.C.A. No. 231 of 2004 -4- 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 1st respondent, the driver of the offending bus, 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.1,04,980/-. Break up of the compensation awarded is as follows :- Loss of dependency : Rs.79,980/- Pain and suffering : Rs.10,000/- Transport to hospital : Rs.3,000/- Damage to clothing, extra nourishment and medical expenses : Rs.5,000/- Funeral expenses : Rs.2,000/- Loss of love and affection : Rs.5,000/- ------------------- Total : Rs.1,04,980/- ======== 8. The learned counsel appearing for the Appellants/Claimants sought enhancement of the compensation for the loss of dependency. The Tribunal took M.A.C.A. No. 231 of 2004 -5- the monthly income of the deceased as Rs.2,000/- and after deducting 1/3 rd for his personal expenses took his monthly contribution to his family as Rs.1,333/- and adopted a multiplier of 5 as the claimants are aged 68 and 55 respectively and awarded Rs.79,980/- for loss of dependency. 9. The claimants produced Ext.A10, the salary certificate of the deceased which shows that as Manager of M/s. Aleppey Traders he was getting Rs.5,000/- as salary. Exts.A8 and A9, the Partnership Deed and its registration certificate shows that the deceased was a partner in M/s. Transworld Exports and Transworld Apparels. Taking into consideration of these facts, we feel that the monthly income of the deceased can be reasonably fixed as Rs.4,000/- which works out at Rs.48,000/- annually. After deducting 1/3 rd for his personal expenses the balance amount of Rs.32,000/- per annum can be taken as his contribution to his family. The Tribunal took the multiplier as 5. As the 2nd M.A.C.A. No. 231 of 2004 -6- petitioner mother was aged 58 at the time of the accident, the Tribunal should have adopted a multiplier of 8. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.2,56,000/- (Rs.32,000/- x 8). Thus, on this count, the claimants are entitled to get an additional compensation of Rs.1,76,020/-. 10. For the loss of love and affection the Tribunal awarded a compensation of Rs.5,000/- which appears to be very low. As the deceased was the only son of the claimants we feel that a compensation of Rs.20,000/- could be reasonable on this count. As regards the compensation awarded under other heads we find the same to be reasonable and are not disturbing the same. 11. Thus, the claimants are entitled to get an additional compensation of Rs.1,96,020/-. The claimants are entitled to get interest @ 9% per annum from the date of petition till realisation and proportionate cost. The 3rd respondent being the insurer of the offending vehicle shall M.A.C.A. No. 231 of 2004 -7- deposit the amount before the Tribunal within two months from the date of receipt of a copy of this award. The impugned award is modified to the above extent. The appeal is disposed of as found above. Sd/- A.K.BASHEER, JUDGE. Sd/- P.Q. BARKATH ALI, JUDGE. jvt The words “The 3rd respondent being the insurer of the offending vehicle” occurring in the third sentence of paragraph 11 of the judgment dated 18/06/2010 in M.A.C.A.231/2004 are corrected and substituted as “The 2nd respondent Managing Director, K.S.R.T.C” as per order dated 18/06/2010 in I.A.No.1451/2010. Sd/- Registrar (Judicial)