IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 MACA.No. 490 of 2007() ---------------------- OPMV.1800/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): 3RD RESPONDENT -------------- THE NEW INDIA ASSURANCE COMPANY, IRINJALAKUDA BRANCH TRISSUR DISTRICT REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF SRI.P.A.MOHAMMED ASHROF SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): CLAIMANTS 1 TO 4 AND RESPONDENTS 1 AND 2 --------------- 1. MRS.RASHEEDA BANU,W/O.LATE SHAIK IBRAHIM NOUSHAD,MANAKKULANGARAPARAMBIL HOUSE, IRINJALAKUDA P.O,THRISSUR DISTRICT. 2. MR.ADLY USMAN,S/O.LATE SHAIK IBRAHIM NOUSHAD,MANAKKULANGARAPARAMBIL HOUSE, IRINJALAKUDA P.O,THRISSUR DISTRICT. 3. MR.ALTAF HABEEB,S/O.LATE SHAIK IBRAHIM NOUSHAD,MANAKKULANGARAPARAMBIL HOUSE, IRINJALAKUDA P.O THRISSUR DISTRICT MINOR REP.BY HIS MOTHER RASHEEDA BANU. 4. MRS.MUNOR BEEBY W/O.LATE M.S.S.USMAN. MANAKKULANGARAPARAMBIL HOUE IRINJALAKUDA P.O THRISSUR DISTRICT. 5. A.JOSE @ BABU,S/O.ANTHIKKADAN,ATHU, HERBERT NGAR,NEDUPUZHA,KANIMANGALAM P.O, THRISSUR. 6. UNNIKRISHNAN P,S/O.KRISHNA WARRIER, THARICHAKKRAPURAM WARRIAM,PUTHENCHIRA NORTH P.O. ADV. SRI.SATHISH NINAN FOR R1 TO 4 SRI.SANTHOSH MATHEW FOR R1 TO 4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.490 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the third respondent Insurance Company in O.P. (MV)No.1800/2001 on the file of Motor Accidents Claims Tribunal, Irinjalakkuda. In this appeal the appellant challenges the judgment and award of the Tribunal dated November 29, 2006 awarding a compensation of Rs. 7,49,600/- to the claimants, who are respondents 1 to 4 in this appeal, for the loss caused to them on account of the death of deceased Shaik Ibrahim Noushad in a motor accident that occurred on November 26, 2001 at about 1.55 P.M. 2. Claimants are the wife, children and mother of deceased Shaik Ibrahim Noushad. The accident happened while the deceased was riding his motor cycle bearing Reg.No.KL-8/F 5558 along Perumbillissery-Poochinnipadam public road, he was knocked down by the bus bearing Reg.No.KL-8/F 1055 driven by the first respondent in the O.P.. Alleging negligence against the first respondent in the MACA.No.490/2007 2 O.P., the claimants filed the O.P. before the Tribunal claiming a compensation of Rs. 7,50,000/-. 3. Respondents 1 and 2 in the O.P., the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent/appellant, the insurer of the offending bus filed a written statement admitting the policy and further contended that there was also negligence on the part of the deceased. 4. Pws 1 and 2 were examined and Exts.A1 to A16 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the third respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the first respondent in the O.P. and awarded a compensation of Rs. 7,49,600/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. The third respondent Insurance Company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant Insurance Company and the counsel for the claimants. MACA.No.490/2007 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent in the O.P. is not seriously challenged in this appeal. Therefore, the only question which arises for consideration is whether the compensation awarded by the Tribunal is excessive. 7. The Tribunal awarded a total compensation of Rs. 7,49,600/- . The break up of the compensation awarded is as under : Funeral expenses - Rs. 2500/- Loss of estate - Rs. 2500/- Transportation charges - Rs. 1000/- Loss of consortium - Rs. 10,000/- Loss of love and affection - Rs. 10,000/- Pain and suffering - Rs. 6,000/- Loss of dependency - Rs.7,17,600/- 8. The Tribunal took the monthly income of the deceased as Rs. 7005/- and after deducting 1/3 for his personal expenses, the balance amount of Rs.4,600/- was taken as his monthly contribution to his family and adopted a multiplier of 13 as the deceased was aged 47 at the time of the accident and awarded Rs.7,17,600/- for the loss of dependency. Taking into consideration the fact that deceased was MACA.No.490/2007 4 employed as a General Extension Officer in Block Development Office, Irinjalakkuda earning Rs. 7005/- as evidenced by Ext.A15, his salary certificate and as he was aged only 47 at the time of the accident and the claimants 1 to 3, the widow and minor children were aged 44, 14 and 10 respectively, we feel that the compensation awarded by the Tribunal for loss of dependency as well as on other heads is just and reasonable. Therefore, we held that the compensation awarded by the Tribunal is not excessive. That being so, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.490/2007 5