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 3RD FEBRUARY 2011 / 14TH MAGHA 1932 MACA.No. 148 of 2005() ---------------------- OPMV.1592/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANTs/APPLICANTS: ----------------------------------- 1. A.KAMALAMMAL, W/O. R.CHELLAPPAN CHETTIYAR, BINU NIVAS, KODUMAN, ATTINGAL P.O., NOW RESIDING AT KIZHAKKETHOPPIL VEEDU, K.P.VII/546,ANAYARA P.O.,THIRUVANANTHAPURAM 2. CHELLAPPAN CHETIYAR, OF -DO- -DO-. BY ADV. SRI.G.P.SHINOD RESPONDENTS/ RESPONDENTS: --------------------------- 1. MOHAMMAD RAFI, THADATHIL PUTHEN VEEDU, MANAMPUR P.O., KALLAMBALAM. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.K.HARILAL FOR R1 SRI.R.GOPAN FOR R1 SRI.N.S.MOHAMMED USMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.148 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1592/2000 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. They are the parents of deceased Vinu who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated January 7, 2004 awarding a compensation of Rs. 1,44,500/- for the loss caused to them on account of the death of deceased in that accident. 2. The accident happened on May 2, 1999, while the deceased was riding the motor cycle bearing Reg.No.KL-01/C.5037 from Mangalapuram. When he reached at Maman bridge, the motor cycle hit the mile-stone lying beside the road. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the jeep, the claimants filed the OP under Sec.163A of the Motor Vehicles Act claiming a compensation of Rs.8,00,000/-. MACA.No.148/2005 2 3. First respondent, the owner of the offending motor cycle filed a written statement before the Tribunal admitting the accident, but denied the liability. The second respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. Exts.A1 to A8 were marked on the side of the claimants before the Tribunal. No evidence was adduced on the side of the contesting second respondent. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.1,44,500/- with interest at the rate of 9% 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. 5. Heard counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The Tribunal awarded a total compensation of Rs.1,44,500/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,40,000/- Funeral expenses - Rs. 2,000/- Loss of estate - Rs. 2,500/- MACA.No.148/2005 3 7. Counsel for the claimants sought enhancement of compensation for loss of dependency and for loss of estate. 8. This was a claim under Section 163A of the Motor Vehicles Act. The Tribunal took the annual income of the deceased as Rs.15,000/- and after deducting 1/3 for his personal expenses, the balance amount of Rs. 10,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 14 and awarded Rs. 1,40,000/- for the loss of dependency. The deceased was a student studying for Pre-Degree course at the time of the accident and was aged 21. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 2,500/- which comes to Rs. 30,000/- per 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. Taking into consideration the fact that the mother of the deceased was aged 42 at the time of the accident, we feel that the proper multiplier that can be adopted in this case is 15. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of MACA.No.148/2005 4 Rs. 3,00,000/- ( 20,000 x 15). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,60,000/-. 9. The Tribunal awarded Rs. 2,500/- for loss of estate which appears to be very low. As the deceased was aged only 21, we feel that a compensation of Rs. 5,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the claimants are found entitled to an additional compensation of Rs. 1,65,000/-. They are entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The second 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 sv. MACA.No.148/2005 5 MACA.No.148/2005 6