IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 239 of 2006() ---------------------- OP(MV) .1482/2005 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): APPELLANTS/PETITIONERS 1 TO 4: ----------------- 1. Y.M. SAROJINI, W/O. LATE ASOKAN, AGED 47 YEARS, RESIDING AT YOGIMADATHIL VEEDU, MAKKADA P.O., KOZHIKODE. 2. Y.M.SHINEENA, D/O. LATE ASOKAN, AGED 24 YEARS, RESIDING AT YOGIMADATHIL VEEDU, MAKKADA P.O., KOZHIKODE. 3. Y.M. SHIJINA, D/O. LATE ASOKAN, AGED 22 YEARS, RESIDING AT YOGIMADATHIL VEEDU, MAKKADA P.O., KOZHIKODE. 4. Y.M. SHIBEESH, S/O. LATE ASOKAN, AGED 21 YEARS, RESIDING AT YOGIMADATHIL VEEDU, MAKKADA P.O., KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1 TO 3 & PETITIONERS 5 & 6: -------------------- 1. P. BABU, S/O. KUNHIRAMAN, PUDUKKUDI HOUSE, PAYAMBRA P.O., KOZHIKODE DISTRICT 2. SHIJU, S/O. NARAYANAN NAIR, KIZHAKKE MARIKKOTHU HOUSE, PADINJATUMURI AMSOM AND DESOM, KAKKODI P.O., KOZHIKODE DISTRICT. 3. M/S.UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE-II, 2ND FLOOR, SEEM TOWERS, BANK ROAD, KOZHIKODE-1. 4. Y.M. NARAYANI, W/O. LATE KANDAKUTTY, RESIDING AT YOGIMADATHIL VEEDU, MAKKADA P.O., KOZHIKODE. 5. Y.M.SWARNAKUMARI, D/O. LATE KANDAKUTTY, C/O. SWARNA AJAY KUMAR, NO.299, UNION CARBREDGE COLONY, 18 STREET, KANNADAS NAGAR, CHENNAI-118. BY ADV. SRI.R.SUDHISH FOR R SRI.VINOD SINGH CHERIYAN FOR R SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A.No. 239 of 2006 ------------------------------- Dated this the 24th November, 2009 J U D G M E N T Ramachandra Menon, J. Appellants, the claimants 1 to 4 before the Motor Accidents Claims Tribunal, Kozhikode, are the widow and children respectively of the deceased Asokan, aged 39 years, who died in a motor accident which occurred on 26.2.1995. He was knocked down on the road by the bus bearing Registration No.KRZ 414, while waiting for the bus on the side of the road. The injuries caused were very much fatal, pursuant to which Asokan took his last breath on the very next day, which led to the claim preferred by the legal heirs, including the appellants joining hands with the mother and sister of the deceased, attributing negligence on the driver of the bus. 2. The only evidence consists of Exts.A1 to A3 adduced before the Tribunal and no evidence, either oral or documentary, was produced from the part of the respondents. On conclusion of the trial, the Tribunal arrived at a finding that MACA.No.239 of 2006 2 the accident was only because of the negligence on the part of the driver of the bus and that the claimants were very much entitled to be compensated by the respondents. 3. With regard to the quantum of compensation, the Tribunal observed that the deceased was an able bodied youth of 39 years and the appropriate multiplier was fixed as '16', which appears to be in confirmity with the II Schedule of the Motor Vehicles Act. 4. Taking note of the fact that the deceased was a coolie, the monthly income was fixed at a notional level as Rs.1500/- and the yearly contribution to the family, after deducting one-third towards the probable personal expenses, was fixed at Rs.12,000/-. Accordingly, a sum of Rs.1,92,000/- was awarded by the Tribunal towards the 'loss of dependency', besides awarding a sum of Rs.7,000/- towards 'pain and suffering'; a sum of Rs.10,000/- towards 'love and affection'; a MACA.No.239 of 2006 3 sum of Rs.10,000/- towards 'loss of consortium' to the widow and yet another sum of Rs.4000/- under other miscellaneous heads, making the total compensation payable as Rs.2,23,000/-, which was directed to be satisfied by the Insurer, with interest at the rate of 9% per annum. The widow and children of the deceased are before this Court claiming enhancement of the compensation, also stating as aggrieved by the manner of apportionment of the amounts awarded, in so far as the Tribunal has awarded 'equal share' to the sister. 5. It is very much relevant to note that the deceased, though was a coolie, obviously was maintaining a large family consisting of his widow, three children, mother and also a sister. The dependency of the mother and sister has never been disputed from the part of the Insurance Company by adducing any evidence before the Tribunal. So also the fixation of negligence as well as the quantum was not effectively challenged by the Insurer by adducing any evidence. Taking note MACA.No.239 of 2006 4 of the fact that the deceased was maintaining a large family, as aforesaid, we are of the view that the fixation of the monthly income by the Tribunal as Rs.1500/- is very much on the lower side. 6. After considering the entire facts and circumstances, we fix Rs.1500/- per month, as the contribution to the family, i.e., after giving credit to the probable personal expenses of the deceased. On re-working the compensation towards the 'loss of dependency', as above, we find that the death of the deceased is liable to be compensated to a further extent of Rs.96,000/-, over and above the amount already awarded by the Tribunal under this head. 7. It is seen that the Tribunal has awarded only an amount of Rs.10,000/- towards 'loss of love and affection'. Considering the number of the claimants who are shown and proven as the dependants of the deceased, we find that the MACA.No.239 of 2006 5 amount awarded by the Tribunal is inadequate. Accordingly, we enhance the same to Rs.30,000/-, whereby a further sum of Rs.20,000/- is liable to be paid under this head. 8. The learned counsel appearing for the appellants, is fair enough to withdraw the contention with regard to the apportionment made by the Tribunal, particularly, giving equal share to the Sister as well. In the said circumstances, we are confining the merits of the appeal only with regard to the enhancement of the total compensation made. 9. In the result, a further sum of Rs.1,16,000/- shall be paid to the appellants as the balance compensation payable in respect of the death of the deceased which occurred on 26.2.1995, and this will carry interest at the rate of 7% per annum, from the date of the petition, till the date of payment. We make it clear that the above enhanced compensation shall stand restricted to be paid to the appellants alone, in equal MACA.No.239 of 2006 6 proportion and the Insurer shall deposit the said amount with interest, as aforesaid, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The appeal is allowed in part, to the above extent. No cost. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.