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 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 MACA.No. 115 of 2009() ---------------------- OPMV.2302/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONERS -------------- 1. ABOOBAKAR , S/O ALVAI, AGED 59 YEARS 2. AYSHABI, W/O. ABOOBAKAR , AGED 49 YEARS. 3. ALISHA, S/O.ABOOBAKAR, AGED 33 YEARS 4. FATHIMA ZEENATH, D/O.ABOOBAKAR AGED 32 YEARS. 5. SAJITHABI, D/O. ABOOBAKAR, AGED 29 YEAR 6. ABITHABI, AGED 21 YEARS ALL ARE RESIDING AT KIDAPPIL KUTHIRADAM, P.O. MAVOOR, CALICUT, KOZHIKODE. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS --------------- 1. P.ALIKOYA , S/O. KUNHOOTY PULLAT HOUSE, VENGERI (P) CALICUT. 2. ORIENTAL INSURANCE CO.LTD P.B.NO. 27, NARAYANA NAGAR, VADAKARA. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.115 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV) No.2302/2002 on the file of the Motor Accidents Claims Tribunal, Kozhikode. They are the parents, brother and sister of deceased Sathar who died in a motor accident. On July 17, 2002 while the deceased was riding his motor cycle bearing Reg.No.KL-11-M 5364, a bus bearing Reg.No.KL-7-H- 324 came at a high speed and dashed against the motor cycle. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment at Medical College Hospital on the same day. Alleging negligence against the first respondent, driver of the bus, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.6,00,000/-. 2. Respondent No.1, the driver of the offending bus remained absent before the Tribunal. The second respondent filed a written statement admitting the policy of the bus. 3. Exts.A1 to A3 were marked on the side of the claimants MACA.No.115/2009 2 before the Tribunal. No evidence was adduced by the contesting second respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.1,78,000/- with 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 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 first respondent is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs1,78,000/-. The break up of the compensation amount awarded is as under: Dependency - Rs. 1,59,999/- Pain and suffering - Rs. 5,000/- Love and affection - Rs. 10,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 1,000/- MACA.No.115/2009 3 7. The Counsel for the claimants sought enhancement of the compensation for the loss of dependency and for loss of love and affection. 8. The Tribunal took the annual notional income of the deceased as Rs.16,000/- and the multiplier as 15 as the mother of deceased was 44 at the time of accident and awarded Rs.1,59,999/- for the loss of dependency. The deceased was an employee in a bus earning Rs. 4,500/- per month, according to the claimants. He was aged 23 at the time of the accident. Taking into consideration the above fact, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,000/-. After deducting 1/3rd for his personal expenses, the balance amount of Rs.2,000/- can be taken as his monthly contribution to his family. As the deceased was aged 23 at the time of the accident and was unmarried and as his mother was aged only 44, in our view, a multiplier of 13 can be adopted in this case. Thus calculated, for the loss of dependency the claimants are entitled to a compensation of Rs.3,12,000/- (2,000 x 12 x 13). Thus on this count the claimants are entitled to an additional compensation of Rs.1,52,001/-. MACA.No.115/2009 4 9. The Tribunal awarded Rs. 10,000/- for loss of love and affection which appears to be quite inadequate. Taking into consideration the age of claimants, we feel that a compensation of Rs.20,000/- for loss of love and affection would be reasonable. Thus on this count the claimants are entitled to an additional compensation of Rs.10,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 9. Thus the claimants are entitled to an additional compensation of Rs.1,62,001/-. They are entitled to interest @ 7% 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.115/2009 5 MACA.No.115/2009 6