IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 MACA.No. 1278 of 2010 (E) ----------------------- (OPMV.1322/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI) .................... APPELLANTS/PETITIONERS: -------------------------------------------- 1. PUTHUKKOLLI FATHIMA, W/O.LATE MOHAMMED ALI, AGED 33 YEARS, MANCHERI HOUSE, KOOMANKULAM P.O.,THRIKKALANGODE VILLAGE, ERNAD TALUK. 2. M.P.THASNEETH,D/O.LATE MOHAMMED ALI -DO- 3. M.P.MOHAMMED FAISAL, S/O.LATE MOHAMMED ALI, -DO- 4. M.P.YASIRA,D/O.LATE MOHAMMED ALI, (MINOR) REPRESETNED BY MOTHER P.K.FATHIMA, 5. M.P.SUHAIRA, D/O.LATE MOHAMMED ALI, (MINOR) REPRESETNED BY MOTHER P.K.FATHMA 6. P.K.MAMMATHUMA, D/O.POCKER, AGED 88 YEARS, (ALL THE ABOVE ARE RESIDING IN SAME ADDRESS) 7. ALAVI, S/O.MAYIN KURIKKAL, KURIKKAL HOUSE, KOOMANKULAM, MANJERI. 8. MARIYUMMA, D/O.MAYIN KURIKKAL VADAKKAVETTIL HOUSE, KOOMANKULAM, MANJERI. 9. FATHMA, D/O.MAYIN KURIKKAL, ILLIKKAL HOUSE, CHEKIRIMOOCHI, RAMANKULAM, MANJERI. 10. KADEEJA, D/O.MAYIN KURIKKAL, KODALY HOUSE, THIRKKALANGODE, ERNAD TALUK. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. ABDUL RAZAK, S/O.AHAMEDKUTTY, KUNDIL HOUSE, KADAMBODE, PANDIKKAD (R.C.OWNER) 2. BHASKARAN, S/O.NADI, POTTAMMAL HOUSE, KADAMBODE, PANDIKKAD (DRIVER) 3. UNITED INDIAN INSURANCE CO.LTD., DIVISIONAL OFFICE, ARAFA BUILDING, COURT ROAD, MANJERI (INSURER) R3 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY PASSED TH FOLLOWING: VK A.K.BASHEER & P.Q.BARKATH ALI, JJ. = = = = = = = = = = = = = = M.A.C.A.No.1278 OF 2010. = = = = = = = = = = = = = = Dated this the 27th day of September, 2010. J U D G M E N T Barkath Ali, J. The appellants are the claimants in OP(MV) No.1322/2001 on the file of the Motor Accidents Claims Tribunal, Manjeri, who are the wife, children, mother, brothers and sisters of deceased Mohammed Ali who died in a motor accident which occurred on May 15, 2001 at about 8.00 am. The accident happened while the deceased was walking along Manjeri-Malappuram road and when he reached near Puspa Hotel he was knocked down by a Jeep bearing registration No.KL-10A/4961. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in Medical College Hospital, Kozhikode. Alleging negligence against the second respondent, the driver of the Jeep, the claimants filed the OP before the Tribunal under Section 166 of the M.A.C.A.No.1278/2010. 2 Motor Vehicles Act claiming a compensation of Rs.4,50,000/-. During the pendency of the OP, the 6th claimant died and her legal heirs are impleaded as additional claimants 7 to 10. 2. Respondents 1 and 2, the owner and driver of the offending jeep though entered appearance before the Tribunal did not file any written statement. Respondent No.3, the insurer of the offending jeep admitted the policy, but denied the liability. Pws.1 and 2 were examined and Exts.A1 to A5 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.1,98,259.00 with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.1,000/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. M.A.C.A.No.1278/2010. 3 3. Heard the counsel for the Appellants/claimants and the counsel for the 3rd respondent, the Insurance Company. 4. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent is not challenged in the appeal. Therefore, the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 5. The break up of the compensation amount awarded is as under:- Transport to hospital : Rs. 1,000/- Funeral expenses : Rs. 2,000/- Loss of estate : Rs. 2,500/- Loss of consortium : Rs. 10,000/- Pain and suffering : Rs. 10,000/- Medical expenses : Rs. 2,092/- Loss of dependency (16000 x 2 x 16) : Rs.1,70,667/- 3 ---------------------- Total: Rs.1,98,259/- ---------------------- 6. Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency. The M.A.C.A.No.1278/2010. 4 Tribunal took the income of the deceased as Rs.16,000/- per year. After deducting 1/3rd of his personal income the Tribunal took the balance amount as his yearly contribution to his family and adopted a multiplier of 16 and awarded Rs.1,70,667/- for loss of dependency. The deceased was aged 40 at the time of the accident and used to earn Rs.4,500/- per month as a contractor, according to the claimants. Taking into consideration the above aspect we feel that his monthly income can be reasonably fixed at Rs.3,500/- which comes to Rs.42,000/- per annum. After deducting 1/3rd from his personal expenses, the balance amount of Rs.28,000/- per annum can be taken as his annual contribution to his family. The multiplier of 16 adopted by the Tribunal is not seriously disputed. Thus calculated, for the loss of dependency the claimants are entitled to a compensation of Rs.4,48,000/-. Thus the claimants are entitled to an additional compensation of Rs.2,77,333.00 (4,48,000.00 – 1,70,667.00) on this count. As regards the M.A.C.A.No.1278/2010. 5 compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 7. Thus, the claimants are entitled to an additional compensation of Rs.2,77,333.00. They are entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The 3rd 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. Kvs/-