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 15TH FEBRUARY 2010 / 26TH MAGHA 1931 MACA.No. 601 of 2007() ---------------------- OPMV.1678/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANTS/PETITIONERS ------------------------------------- 1. USHA, W/O. GAGANAN, PARAKKADA HOUSE, THOTTAKAM, KARUKUTTY, ANKAMALY (WIFE OF THE DECEASED). 2. ASHITHA, D/O. GAGANAN, (MINOR), REPRESENTED BY HER MOTHER AND LEGAL GUARDIAN, USHA, W/O. GAGANAN. 3. ATHULYA @ ACHU, D/O. GAGANAM, (MINOR), REPRESENTED BY HER MOTHER AND LEGAL GUARDIAN, USHA, W/O. GAGANAN. 4. KUTTY, W/O. VELAYUDHAN, PARAKKADA HOUSE, THOTTAKAM, KARUKUTTY, ANKAMALY. (MOTHER OF DECEASED). BY ADV. SMT.ANEY PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS --------------------------- 1. P.I.YACOB, S/O. P.V.ISSAC, PAREKKARA HOUSE, KOTHAMANGALAM. 2. A.M.PRINCE, S/O. MATHEW, ARACKAL HOUSE, VALARA, ADIMALI. 3. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO. LTD., KAP, COMMERCIAL CENTRE, R.S.ROAD, ALUVA. MACA.No.601/07 4. S.ANILKUMAR, H.NO.245, GIRI NAGAR, KADAVANTHRA, KOCHI. 5. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., PALARIVATTOM BRANCH, MYDHILY MANDIRAM, JANATHA JN., KOCHI. ADV. SRI.JOHN JOSEPH VETTIKAD FOR R3 SRI.M.A.GEORGE FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.601 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2010 JUDGMENT Barkath Ali, J. The claimants in O.P.(MV)No.1678/2002 of Motor Accidents Claims Tribunal, Muvattupuzha challenges the judgment and award of the Tribunal dated April 24, 2006 awarding a compensation of Rs. 2,64,000/- for the loss caused to the claimants on account of the death of deceased Ganganan in a motor accident. 2. The facts in brief are these : On October 3, 2002, deceased Ganganan was travelling in a tempo van bearing Reg.No.KL 7E/7363 along Aluva-Munnar road. The van was driven by the petitioner in O.P.No.1726/2002 before the Tribunal. At that time a bus bearing Reg.No.KL-7E 8482 driven by the second respondent came at a high speed from the opposite side and dashed against the tempo van in which the deceased Ganganan was travelling. Deceased Ganganan sustained serious injuries and he succumbed to the injuries sustained on the same day while undergoing MACA.No.601/07 Page numbers treatment at the hospital. According to the claimants, the accident occurred due to the negligence on the part of the second respondent, the driver of the offending bus and first respondent as the owner of the bus, second respondent as its driver and third respondent as the insurer are jointly and severally liable to pay compensation to the claimants. 3. The fourth respondent is the owner of the tempo van in which the deceased Ganganan was travelling at the time of accident. The fifth respondent is its insurer. Respondents 1 and 2, the owner and driver of the bus were absent and were set ex parte before the Tribunal. The third respondent, Insurer of the offending bus filed a written statement admitting the policy, but contending that the accident occurred due to the negligence on the part of the driver of the tempo van. The fifth respondent filed a written statement contending that the accident occurred due to the negligence on the part of the second respondent. The driver of the tempo van in which the deceased was travelling filed claim petition O.P.(MV)No.1726/2002 before the Tribunal. As both these claims arise out of the same accident, O.P. (MV)Nos.1678/2002 and 1726/2002 were jointly tried and evidence MACA.No.601/07 Page numbers was recorded in O.P.(MV)No.1678/2002. The Tribunal disposed of both the petitions by a common award. The Tribunal has awarded a compensation of Rs. 2,64,000/-. The claimants have now come up in appeal challenging the quantum of compensation awarded. 4. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent is not challenged in this appeal. Therefore, the only question arises for consideration is whether the claimants are entitled to any enhanced compensation ? 5. The Tribunal awarded Rs. 1,92,000/- for the loss of dependency. The Tribunal took the monthly income of the deceased as Rs. 1500/- per mensum and adopted a multiplier of 16. After deducting 1/3 for the maintenance of the deceased, his annual contribution to his family was taken as Rs. 12,000/-. The deceased was travelling in the tempo van accompanying the goods carried in the vehicle. In column 4 of the application it was alleged that deceased was a Mason and was earning a monthly income of Rs. 6000/-. Ext.A8 is the certificate allegedly issued by the employer of the deceased to the effect that a MACA.No.601/07 Page numbers Mason during that period used to earn Rs. 200/- per day. Therefore, we feel that his monthly income can be reasonably fixed at Rs. 2500/-. After deducting 1/3 for the personal expenses of the deceased, his annual contribution to his family will come to Rs. 20,000/-. Adopting the multiplier of 16, the total amount works out to Rs. 3,20,000/-. Thus, towards loss of dependency the claimants are entitled to an additional compensation of Rs. 1,28,000/-. 6. The Tribunal awarded Rs. 2000/- towards transport to hospital, Rs. 5000/- for funeral expenses, Rs.10,000/- towards pain and sufferings and Rs. 40,000/- for loss of love and affection and Rs. 15000/- for loss of consortium which appears to be reasonable and that therefore we are not disturbing the same. 7. In the result, the appellants/claimants are entitled to an additional compensation of Rs. 1,28,000/-. They are entitled to interest @ 9% per annum from the date of petition till realisation. For the amount already awarded also, they are entitled to interest @ 9% per annum. They are also entitled to proportionate costs. The third respondent being the Insurer of the offending vehicle shall deposit the MACA.No.601/07 Page numbers 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.601/07 Page numbers