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 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 1525 of 2007() ----------------------- OPMV.74/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS/PETITIONERS 2 TO 4 IN OP(MV): ------------------------------------------------------ 1. ROSILY WILSON, W/O. WILSON, AINIKKAL HOUSE, THRIKKOOR VILLAGE, THALORE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. ROSEMY WILSON A., D/O. WILSON, AINIKKAL HOUSE, THRIKKOOR VILLAGE, THALORE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. RESMY WILSON A (MINOR), AGED 17 YEARS, D/O. LATE WILSON REPRESENTED BY HER GUARDIAN MOTHER, ROSILY WILSON, AINIKKAL HOUSE, THRIKKOOR VILLAGE,THALORE DESOM,MUKUNDAPURAM TALUK THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. M/S. SHIV KESHAV TRANSPORT NO.47, DOWN BAZAR ROAD, YELAHANKA, BANGALORE-560 064. 2. GANGAPPA, S/O. CHIKKARAMAIAH, DOOR NO.51, KRISHNARAJAPURAM III, MAIN ROAD, BANGALORE. 3. MANAGER, NEW INDIA ASSURANCE CO. LTD., 206 & 207, CHENOY TRADE CENTRE, PARKLANE, SECUNDERABAD-500003 ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1525 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are claimants 2 to 4 in OP(MV)74/2001 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the mother and sisters of deceased Rosewill Wilson who died in a motor accident. The first claimant, the father of deceased, died during the pendency of the O.P. On May 19, 2005, while the deceased was pillion riding on the motor cycle bearing Reg.No.KL-8/M 7885 along Thrissur-Ikkanda Warrier road and reached at Ikkanda Warrier road junction, he was knocked down by a goods carriage bearing Reg.No.KA-04/A 2389 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital after two days. Alleging negligence against the driver of the goods carriage, the second respondent, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. 2. Respondents 1 and 2, the owner and the driver of the MACA.No.1525/2007 2 offending goods carriage remained absent before the Tribunal. The third respondent, the insurer of the offending goods carriage filed a written statement admitting the policy of the goods carriage, but denied the liability. 3. This O.P. was tried along with the other O.P. filed by the rider of the motor cycle and a common award was passed. PW1 was examined and Exts.A1 to A26 were marked on the side of the claimants before the Tribunal. 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.1,53,370/- with cost and interest at the rate of 7% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 5. 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 goods carriage is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. MACA.No.1525/2007 3 6. The Tribunal awarded a total compensation of Rs.1,53,370/- The break up of the compensation amount awarded is as under: Extra nourishment - Rs. 200/- Transport expenses - Rs. 1,000/- Funeral expenses - Rs. 3,500/- Medical expenses - Rs. 6,670/- Loss of estate - Rs. 2,500/- Pain and suffering - Rs. 7,500/- Loss of love and affection - Rs. 12,000/- Loss of dependency - Rs. 1,20,000/- 7. The Counsel for the claimants sought enhancement of the compensation for the loss of dependency and on other heads. 8. The Tribunal took the monthly income of the deceased as Rs.1,250/- which comes to Rs. 15,000/- per annum and after deducting 1/3 for his personal expenses, the balance amount of Rs. 10,000/- was taken was his annual contribution to his family. The Tribunal adopted a multiplier of 12 and awarded a compensation of Rs. 1,20,000/- for the loss of dependency. The deceased was aged 20 at the time of the accident and was not employed. Therefore, his monthly income was fixed at Rs. 1250/- by the Tribunal. But he was a B.Com. student at the time of his death. He was the only son of first appellant, the mother. Taking into consideration that aspect, we feel that his monthly income can be reasonably fixed at Rs. 2,500/- which comes to Rs. 30,000/- per MACA.No.1525/2007 4 annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- can be taken as his annual contribution to his family. The proper multiplier that can be adopted in this case is 14. Thus calculated, for the loss of dependency, the claimants are entitled to a compensation of Rs.2,80,000/- ( 20,000 x 14). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,60,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 9. In the result, the claimants are found entitled to an additional compensation of Rs. 1,60,000/-. They are entitled to interest @ 7% 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 sv P.Q.BARKATH ALI, JUDGE MACA.No.1525/2007 5 sv. MACA.No.1525/2007 6