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 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 MACA.No. 81 of 2004() --------------------- OPMV.687/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/CLAIMANTS 2 TO 5 IN O.P(MV): ---------------------------------------------------- 1. SMT.CELINE FRANCIS, W/O. LATE M.K.FRANCIS, AGED 46 YEARS, MANIMALAKARY HOUSE, KUMARAKOM, KOTTAYAM. 2. KURIAN FRANCIS, S/O.LATE M.K.FRANCIS, AGED 20 YEARS (DATE OF BIRTH 24.5.1983), MANIMALAKARY HOUSE, KUMARAKOM, KOTTAYAM. 3. ELIZABATH FRANCIS (MINOR), D/O. LATE M.K.FRANCIS, AGED 16 YEARS (DATE OF BIRTH 13.71987), MANIMALAKARY HOUSE, KUMARAKOM, KOTTAYAM. 4. THERESSA FRANCIS (MINOR), D/O. LATE M.K.FRANCIS, AGED 12 YEARS (DATE OF BIRTH 7.3.1991), MANIMALAKARY HOUSE, KUMARAKOM, KOTTAYAM. (MINOR APPELLANTS 3 AND 4 ARE REP. BY THEIR MOTHER AND NEXT FRIEND CLINE FRANCIS, THE 1ST APPELLANT). BY ADV. SRI.A.INEES RESPONDENT(S): RESPONDENTS IN O.P(MV): -------------------------------------- 1. VELLAPPALLY BROTHERS, POST BOX NO.45, K.K.ROAD, KOTTAYAM, REPRESENTED BY ITS MANAGING PARTNER, MATHEW ALEXANDER. 2. NEW INDIA ASSURANCE COMPANY LIMITED, KOTTAYAM, REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM. 3. SRI.K.M.VARGHESE @ KUNJUKUTTY, KATTAPPURATHU HOUSE, MANGANAM KARA, VIJAYAPURAM VILLAGE, KOTTAYAM. ADV. SRI.P.K.BABU FOR R2 SRI.JACOB E SIMON FOR R1 & R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.81 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2010 JUDGMENT Barkath Ali, J. Appellants have filed this appeal under Section 173 of Motor Vehicles Act for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) No.687/1994 by award dated February 28, 2003 for the loss caused to them on account of the death of deceased Francis in a motor accident. 2. The facts in brief are these : The appellants are the widow and children of deceased M.K.Francis. First petitioner in the O.P., who is the mother of deceased Francis died . Therefore, she was not made party in this appeal. On November 17, 1993 at about 8.10 p.m., deceased Francis was travelling in a jeep bearing Reg.No. KRO 7174 along Sasthri road, Kottayam. At that time a tipper lorry bearing Reg.No. KRO 411 which was going in front loaded with iron pipes protruding about 10 ft. backwards from the platform of the lorry, suddenly stopped without giving any signal . The pipes pierced MACA.NO.81/04 Page numbers through the jeep and hit on the chest of the deceased. He succumbed to the injuries sustained while undergoing treatment in the District Hospital and thereafter at Medical College Hospital. According to the appellant/claimants, the accident occurred due to the negligence on the part of the driver of the lorry. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimants, who are the legal heirs of deceased Francis. They claimed a compensation of Rs. 10 lakhs. 3. First respondent, the owner of the offending lorry filed a written statement before the Tribunal stating that the accident occurred due to the negligence on the part of the jeep driver. Second respondent, the insurer of the offending lorry, admitted the policy. 4. Exts.A1 to A18 series were marked on the side of the claimants and Exts.B1 and B2 were marked on the side of the contesting second respondent. The Tribunal found that the accident occurred due to the negligence on the part of the driver of the lorry and awarded a compensation of Rs. 2,10,000/-. The claimants have now MACA.NO.81/04 Page numbers come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard learned counsel for the claimants and the counsel for the second respondent, 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 driver of the offending 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 took the income of the deceased as Rs. 1500/- per month and adopted a multiplier of 15 and after deducting 1/3 for his personal expenses awarded a compensation of Rs. 180,000/- for loss of dependency. This is disputed by the claimants. Counsel for the appellants/claimants argued that the deceased was a fleet operator and had five state carriages in his name and that therefore, the Tribunal should have atleast taken the monthly income of the deceased as Rs. 10,000/- per month. In this appeal, the claimant produced the copies of the registration certificates of those stage carriages. Taking MACA.NO.81/04 Page numbers into consideration this aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 4000/- per month . After deducting Rs. 1000/- per month for his personal expenditure, the balance amount can be treated as his contribution to his family which comes to Rs. 36,000/- per annum. The Tribunal adopted a multiplier of 15 which is not seriously challenged. By capitalising the same , the compensation for loss of dependency will come to Rs. 5,40,000/-. Thus the claimants are entitled to an additional compensation of Rs.3,60,000/- towards loss of dependency. 8. The Tribunal awarded Rs. 7000/- for pain and suffering, Rs. 20,000/- for loss of consortium and love and affection, Rs. 2000/- for funeral expenses and Rs. 1000/- for transport to hospital. Taking into consideration the age of the widow and children, we feel that a compensation of Rs. 30,000/- would be reasonable for loss of consortium and love and affection. The compensation awarded by the Tribunal under other heads appears to be reasonable and is not questioned before us. 9. Thus the claimant is entitled to an additional compensation MACA.NO.81/04 Page numbers of Rs. 3,70,000/-. They are entitled to interest at the rate of 7.5% per annum from the date of petition till realisation and proportionate cost. Second respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment before the Tribunal with notice to the claimants. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.NO.81/04 Page numbers