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 15TH JUNE 2010 / 25TH JYAISTHA 1932 MACA.No. 2370 of 2008(F) ------------------------------------- (O.P(MV).NO.267/2007 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA) .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. SMT.ANNAMMA JOHNSON, W/O.LATE MR.JOHNSON DANIEL, PEEDIKAYIL HOUSE, ELLUMPURAM, KANJIRAMKAVALA, MELUKAVUMATTOM P.O MELUKKAVUMATTOM KARA, MELUKAVU VILLAGE, KOTTAYAM DISTRICT - 686 652. 2. JOSNA, D/O.LATE M.JOHNSON DANIEL, MINOR (DOB 23.12.2004) PEEDIKAYIL HOUSE, ELLUMPURAM, KANJIRAMKAVALA, REPRESENTED BY NATURAL MOTHER AND GUARDIAN SMT.ANNAMMA JOHNSON (IST APPELLANT). 3. JOLSNA, D/O.LATE MR.JOHNSON DANIEL, MINOR (DOB 23.12.2004) PEEDIKAYIL HOUSE, ELLUMPURAM, KANJIRAMKAVALA, REPRESENTED BY NATURAL MOTHER AND GUARDIAN SMT.ANNAMMA JOHNSON, (1ST APPELLANT). 4. MR.DANIEL, S/O.JOHN, PEEDIKAYIL HOUSE, MELUKAVU MATTOM P.O., MELUKKAVUMATTOM KARA, MELUKAVU VILLAGE, KOTTAYAM DISTRICT - 686 652. BY ADVS. SRI.N.R.CHANDRASEKHARAN, SRI.T.H.CHACKO, SRI.K.SAJAN KURIAKOSE. RESPONDENTS/RESPONDENTS NO. 1 TO 3 IN O.P(MV): -------------------------------------------------------------------------------- 1. MR.SIBY ALEX, S/O.K.M.CHANDY, KUDILIL HOUSE, KARUMANNU.P.O., KOTTAYAM DISTRICT, (REMAINED AS EX-PARTE). M.A.C.A. NO. 2370/2008-F: 2. K.M.MICHAEL, S/O.MICHAEL, KUZHINJALIL HOUSE, KURUMANNU P.O., KOTTAYAM DISTRICT (REMAINED AS EX-PARTE). 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., KOTTAYAM, (THE INSURANCE POLICY WAS VALID UP TO 26/06/2007). R3 BY ADV. SRI.M.JACOB MURICKAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 2370 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.267 of 2007 of the Motor Accidents Claims Tribunal, Pala challenge the judgment and award of the Tribunal dated April 19,2008 awarding a compensation of Rs.4,53,000/- for the loss caused to them, on account of the death of Johnson @ Roy in a motor accident. 2. The facts leading to this appeal in brief are these:- Deceased was aged 33 at the time of the accident and used to earn Rs.6,000/- per month as an auto-rickshaw Driver. Claimants are his wife, children and father. On December 10, 2006 at about 9.20 a.m. Johnson was driving an auto- rickshaw bearing registration No. KL-38/0368 along Erattupetta - Thodupuzha road. When he reached at Kanjiramkavala, a bus bearing registration No.KL-5/U 2023, driven by the first respondent, came at a high speed and MACA 2370/2008 2 dashed against the auto-rickshaw of the deceased. He sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, first respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending bus are jointly and severally liable to pay the compensation to the claimants. The claimants claimed a compensation of Rs.5 lakhs. 3. Respondents 1 and 2, the driver and owner of the offending bus, remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending bus, filed a written statement, admitting the policy and further contended that the accident occurred due to the negligence of the deceased. 4. Exts. A1 to A10 were marked on the side of the claimants. No evidence was adduced by contesting third respondent before the Tribunal. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs. 4,53,000/- with interest at the rate of 9% p.a. from the MACA 2370/2008 3 date of petition till realization and a cost of Rs.6,750/-. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard learned counsel for the appellants and learned counsel for the third respondent. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent, driver of the offending bus, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation ? 7. The Tribunal awarded a total compensation of Rs.4,53,000/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 2,000/- Funeral expenses : Rs. 3,000/- Pain and suffering : Rs. 10,000/- Loss of love and affection : Rs. 15,000/- Loss of consortium : Rs. 15,000/- Loss of dependency : Rs.4,08,000/- ------------------ Total : Rs.4,53,000/- ======== MACA 2370/2008 4 8. The learned counsel for the appellants/claimants mainly sought enhancement of compensation awarded by the Tribunal for the loss of dependency. 9. The Tribunal took the monthly income of the deceased as Rs.3,000/- and after deducting 1/3 for his personal expenses, took Rs.2,000/- as his monthly contribution to his family and adopted a multiplier of 17, as he was aged 30 at the time of the accident, and awarded a compensation of Rs.4,08,000/- for loss of dependency. Taking into consideration the fact that deceased was an auto-rickshaw Driver, we feel that his monthly income can reasonably be estimated at Rs.4,000/-, which works out to Rs.48,000/- per annum. After deducting 1/3rd for his personal expenses, the balance amount of Rs. 32,000/- p.a. can be taken as his contribution to his family. The multiplier adopted by the Tribunal 17 is not seriously challenged. Thus, the compensation for the loss of dependency would come to Rs.5,44,000/-. Thus the claimants are entitled an additional compensation of Rs.1,36,000/- on this count. As MACA 2370/2008 5 regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. 10. In the result, the claimants are entitled to additional compensation of Rs.1,36,000/- with interest at 9% p.a. from the date of petition till realization with proportionate costs. The third respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.