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 31ST MARCH 2010 / 10TH CHAITHRA 1932 MACA.No. 1261 of 2009() ----------------------- OPMV.774/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): 3RD RESPONDENT -------------- UNITED INDIA INSURANCE COMPANY LIMITED, NEYYATTINKARA NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, "SHARANYA" HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONERS 2 AND 3 -------------------------- 1. LAILA THULASIDAS, W/O. THULASIDAS, LAILA BHAVAN, PALACHIRA P.O. VARKALA. 2. NEETHU THULASIDAS (MINOR) D/O.THULASIDAS -DO- -DO-. (MINOR 2ND RESPONDENT IS REPRESENTED BY HER MOTHER 1ST RESPONDENT ) ADV. SRI.C.R.SIVAKUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.1261 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the third respondent/Insurance Company in O.P.(MV)No.774/2002 of Motor Accidents Claims Tribunal, Attingal challenges the judgment and award of the Tribunal dated May 29, 2008 awarding a compensation of Rs. 8,80,500/- for the loss caused to the claimants on account of the death of deceased Deepu Thulasidas in a motor accident. 2. The facts leading to this appeal in brief are these : Claimants are the parents and sister of deceased Deepu Thulasidas. He was aged 19 and was a B.Tech student in H.R.D., Adoor Engineering College. On May 24, 2002 at about 6 a.m. at Kallingal near Nagaroor, the deceased was riding his motor cycle along Kilimanoor-Attingal road. When he reached at Kallingal, he was knocked down by a lorry bearing Reg.No.KL-01/9973 owned by first respondent and driven by second respondent. The deceased sustained MACA.No.1261/09 2 severe injuries and he succumbed to the injuries sustained while undergoing treatment at Medical College Hospital, Thiruvananthapuram. According to the claimants, accident occurred due to the rash and negligent driving of the offending lorry by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimants. Claimants claimed a compensation of Rs. 12 lakhs. 3. During the pendency of the petition, first claimant, the father of the deceased, expired and claimants 2 and 3 are recorded as his legal heirs. First respondent remained absent before the Tribunal. Second respondent, the driver of the offending vehicle filed a written statement alleging negligence on the part of the deceased. The third respondent the insurer of the offending lorry filed a written statement admitting the policy. 4. Exts.A1 to A9 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that MACA.No.1261/09 3 the accident occurred due to the rash and negligent driving of the offending lorry by second respondent and awarded a compensation of Rs. 8,08,500/-. The third respondent/Insurance Company, has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. The only point argued by the counsel for the appellant is that the Tribunal took the monthly income of the deceased as Rs. 10,000/- per month and adopted a multiplier of 14 which is excessive as the deceased was only an Engineering student at the time of the accident. 6. The counsel appearing for the respondents/claimants supported the award passed by the Tribunal. 7. We find force in the contention raised by the counsel for the appellant. In assessing the loss of dependency, the Tribunal took the monthly income of the deceased as Rs. 10,000/-. Ext.A7 identity card issued from HRD, Vazhuthakkad shows that he was an Engineering student studying for Electronics Engineering and has completed two years. As the deceased was only a student, we feel that MACA.No.1261/09 4 his monthly income can be reasonably fixed at Rs. 6,000/-. The Tribunal took the income as Rs. 10,000/- for first five years and for the remaining 9 years at the rate of Rs. 5,000/- per month. But we feel that as we are reducing the monthly income of the deceased, for the entire period of 14 years, the monthly income can be taken as Rs. 6,000/-. Out of this 1/3 has to be deducted for his personal expenses. 8. The Tribunal adopted a multiplier of 14. Counsel for the appellant argued that as the mother is aged about 47 and the sister of the deceased 13, a multiplier of 13 should be taken. But we feel that as the deceased was aged only 29 and he was their only son, the multiplier adopted by the Tribunal as 14 is reasonable. Thus calculated for the loss of dependency, the claimants will be entitled to a compensation of Rs.6,72,000/- ( Rs. 6000 x 12 x 14), instead of Rs. 7,60,000/- awarded by the Tribunal. 9. The Tribunal awarded Rs.3,000/- for transport to hospital, Rs. 500/- for damage caused to clothing, Rs. 5,000/- for funeral expenses and Rs. 5,000/- for pain and suffering, Rs. 20,000/- for loss of love and affection and Rs. 15,000/- for loss of estate which appears to MACA.No.1261/09 5 be reasonable. 10. Thus, the claimants are entitled to a total compensation of Rs.7,20,500/- instead of Rs.8,08,500/- awarded by the Tribunal. They are entitled to interest @ 9% per annum from the date of petition till realisation for the entire compensation awarded and proportionate costs. The third respondent, the insurer of the offending vehicle, shall deposit the amount before the Tribunal within two months from the date of receipt of copy of this judgment. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1261/09 6