IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 1863 of 2006() ------------------------------ OPMV.2371/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(PETITIONER IN O.P.(MV) 2371/01) ------------------------------------------------------- 1. PARAMESWARAN PILLAI AGED 52 YEARS S/O.BALAKRISHNA PILLAI, VYPUN, MADATHIL HOUSE, PINARMUNDA, PERINGALA P.O., PALLIIKKARA, NOW RESIDING AT QUARTER NO.519/11, F.A.C.T. TOWNSHIP, AMBALAMEDU. 2. VANAJAKUMARI, AGED 47 YEARS, W/O.PARAMESWARAN PILLAI, DO. 3. VINEETHA KUMARI, AGED 22, D/O.PARAMESWARAN PILLAI, DO. BY ADVS. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR.G. RESPONDENT(S): RESPONDENTS 1, 3 IN OP(MV)2371/2001 ---------------------------------------------------------------------- 1. DILEEP KUMAR, S/O.GOPALAKRISHNA PILLAI, ARCHANA NAGAR, ATHIMAPATHY, GOVINDAPURAM, PALAGHAT 678001. 2. UNITED INIDA INSURANCE CO.LTD, BRANCH OFFICE, POLLACHI- 642 002. R1 BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. R2 BY ADV. SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1863 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.2371 of 2001 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. They are the parents and minor sister of deceased Vinesh Kumar who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated March 20, 2006 awarding a compensation of Rs.5,19,020/- for the loss caused to them on account of the death of Vinesh Kumar in the accident. 2. Deceased Vinesh Kumar was aged 20 at the time of the accident and was employed as an Air Field Safety Officer in the Indian Air Force earning Rs.12,000/- per month as salary. The accident happened on September 28, 2001 near Aluva market at about 9.35 p.m. While the deceased was riding his motor cycle bearing registration MACA 1863/2006 2 No.KL-7Y-8259 he was knocked down by a lorry bearing registration No.KLM 1967 driven by the 2nd respondent. Vinesh Kumar sustained serious injuries and he died on the same day at about 11 p.m. while undergoing treatment in the hospital. Alleging negligence against 2nd respondent driver of the offending lorry, the claimants filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.9 lakhs. 3. Respondents 1and 2, owner and driver of the offending lorry, remained absent before the Tribunal. The 3rd respondent is insurer of the offending lorry and 4th respondent is insurer of the motor cycle. They are the same Insurance Company and they filed a written statement admitting the policy of the respective vehicles. 4. PWs.1 and 2 were examined and Exts. A1 to A8 were marked on the side of the claimants. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal awarded a total compensation of Rs.5,19,020/- with interest at the rate of 7 % per annum MACA 1863/2006 3 from the date of petition till realization. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent driver of the offending lorry is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation ? 7. The Tribunal awarded a total compensation of Rs.5,19,020/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.5,00,020 Transport expenses : Rs. 1,000 funeral expenses : Rs. 3,000 Pain and suffering : Rs. 5,000 Loss of love and affection : Rs. 10,000 ------------------ Total : Rs.5,19,020 ======== MACA 1863/2006 4 8. The learned counsel for the appellants sought enhancement of compensation for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.5,000/-, after deducting 1/3rd for his personal expenses, balance amount of Rs.3,334/- per month was taken as his contribution to his family and awarded Rs.4,00,000/- for the first ten years and for the remaining five years the Tribunal took the monthly income as Rs.1,667/- and awarded Rs.1,00,020/-. As the claimant was unmarried at the time of the accident, he was drawing a salary of Rs.5,406/- per month as revealed from Ext.A8 series salary slips. It is also proved by PW2 Senior Non- Commanding Officer, Southern Air Command Legal Cell, Kakkanadu. He also testified that the deceased would have achieved promotion in future and become Honorary Flight Lieutenant with a basic pay of Rs.13,000/-. Taking into consideration the above aspect, we feel that the monthly income of the deceased can reasonably be fixed at MACA 1863/2006 5 Rs.5,406/-. Taking into consideration the future prospects in the life of the deceased, we feel that only 1/3rd of his income need be deducted for his personal expenses. Therefore, balance amount of Rs.3,604/-, which comes to Rs.43,248/- per annum can be taken as his annual contribution to his family. The multiplier adopted by the Tribunal as 15 appears to be reasonable, as the parents were aged 46 and 42 respectively at the time of the accident. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.6,48,720/- (Rs.43,248/- x 15) Thus, the claimants are entitled an additional compensation of Rs.1,48,700/- on this count. 10. The Tribunal awarded Rs.10,000/- for the loss of love and affection, which appears to be very low. Taking into consideration the age of the claimants, we feel that a compensation of Rs.25,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. MACA 1863/2006 6 11. In the result, the claimants are found entitled to additional compensation of Rs.1,63,700/- with interest 7% p.a. from the date of petition till realization and proportionate costs. The 3rd respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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. mn.