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 19TH JANUARY 2011 / 29TH POUSHA 1932 MACA.No. 3200 of 2009() ----------------------- OPMV.1596/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): -------------- 1. GIGIMOL SATHEESAN PILLAI, W/O.LATE SATHEESAN PILLAI, THOPPUVELIYIL HOUSE, AROOR P.O., ALAPPUZHA, PIN-688 534, NOW RESIDING AT THOTTEKATTU HOUSE, KELTRON ROAD, AROOR P.O., ALAPPUZHA- PIN-688 534. 2. AMRITHA S.PILLAI, D/O.LATE SATHEESAN PILLAI, MINOR REP. BY GUARDIAN AND NEXT FRIEND SMT.GIGIMOL SATHEESAN PILLAI, THOTTEKATTU HOUSE, KELTRON ROAD, AROOR P.O., ALAPPUZHA- PIN-688 534. 3. ASWTHI S.PILLAI, D/O.LATE SATHEESAN PILLAI, MINOR REP. BY GUARDIAN AND NEXT FRIEND SMT.GIGIMOL SATHEESAN PILLAI, THOTTEKATTU HOUSE, KELTRON ROAD, AROOR P.O., ALAPPUZHA- PIN-688 534. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): --------------- 1. SHUKKUR.S., S/O.SIDHIK, PUTHENPARAMBIL HOUSE, VANDANAM P.O., ALAPPUZHA. 2. FAIZAL.U, S/O.UMMERKUNJU, 3/75, KOLLAMPARAMBU, PUNNAPRA P.O., ALAPPUZHA-988 004.(DELETED) 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE-II, JEWEL ARCADE, LAYAM ROAD, COCHIN-682 011. MACA.NO.3200/2009 4. SMT.DEVAKI AMMA (DIED), MOTHER OF LATE SATHEESAN PILLAI, THOPPUVELIYIL HOUSE, AROOR P.O., ALAPPUZHA-688 534. THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 14/1/11 IN I.A.NO.80/2011 ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.3200 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV)No.1596/2002 on the file of Motor Accidents Claims Tribunal, Alappuzha. They are the widow and two minor children of deceased Satheesan Pillai, who died in a motor accident. In this appeal, they challenge the judgment and award of the Tribunal dated December 11, 2008 awarding a compensation of Rs. 3,50,000/- for the loss caused to them on account of the death of deceased in the accident. 2. The accident happened on July 13, 2002 at about 5.15 p.m.. While deceased Satheesan Pillai was cycling along Aroor-Arookutty road and reached near Aroor temple junction, he was knocked down by the mini lorry bearing Reg.No.KL-4/G 5382 driven by the first respondent. Satheesan Pillai sustained serious injuries and he died on the way to the hospital. Alleging negligence against the first respondent, the driver of the mini lorry, the claimants filed the O.P. MACA.No.3200/2009 2 before the Tribunal claiming a compensation of Rs. 9,62,000/-. The mother of deceased Satheesan Pillai was shown as fourth respondent. 3. Respondents 1 and 2, the driver and the owner of the offending mini lorry and fourth respondent remained absent before the Tribunal. The third respondent, the insurer of the offending mini lorry filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A7 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 compensation of Rs. 3,50,000/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs. 3,500/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard 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 MACA.No.3200/2009 3 driver of the mini lorry 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.3,50,000/-. The break up of the compensation amount awarded is as under: Compensation for pecuniary loss caused to to the petitioners due to the death of Satheesan Pillai - Rs. 3,20,000/- Loss of love and affection - Rs. 10,000/- Loss of consortium - Rs. 10,000/- Pain and suffering - Rs. 5,000/- Ambulance charge - Rs. 2,000/- Funeral expenses - Rs. 3,000/- 8. The Counsel for the claimants sought enhancement of the compensation for loss of dependency, for loss of love and affection and for loss of consortium. 9. The Tribunal took the monthly income of the deceased as Rs.2,500/- which works out to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- was taken as his annual contribution to his family. The Tribunal adopted a MACA.No.3200/2009 4 multiplier of 16 and awarded Rs. 3,20,000/- for the loss of dependency. According to the claimants, deceased was working as a Welder in M/s. Aswathy Spun Pipes and he was drawing a salary of Rs.4,200/-. Ext.A7 is the certificate to that effect. PW1 is the employer of the deceased. He has also stated that by doing instalLation work of concrete septic tanks, the deceased used to get amounts. Taking into consideration all these aspects, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,500/- which comes to Rs. 42,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 28,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 16 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 4,48,000/- ( 28,000 x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,28,000/-. 10. The Tribunal awarded Rs. 10,000/- for loss of consortium which appears to be very low. Taking into consideration the age of the deceased as well as the first claimant widow, we feel that a MACA.No.3200/2009 5 compensation of Rs. 15,000/- would be reasonable on this count. 11. For loss of love and affection, Rs. 10,000/- was awarded by the Tribunal which appears to be quite inadequate. Having regard to the age of the minor children and the widow, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 1,48,000/-. They are entitled to interest @ 7.5% 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.3200/2009 6 MACA.No.3200/2009 7