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 7TH JUNE 2010 / 17TH JYAISTHA 1932 MACA.No. 691 of 2004() ---------------------- OPMV.2629/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONERS. ------------------------------------ 1. B.KRISHNAN, S/O.APPU, AGED 60 YEARS, R/A. BAPPAYIL HOUSE, ERANHIKKAL POST, KOZHIKODE. 2. SATHYAVATHY, AGED 50 YEARS, W/O.B.KRISHNAN, BAPPAYIL HOUSE, ERANHIKKAL POST, KOZHIKODE. 3. RATHEEVA, AGED 32 YEARS, D/O.B.KRISHNAN, BAPPAYIL HOUSE, ERANHIKKAL POST, KOZHIKODE. 4. PRAVITHA, AGED 28 YEARS, D/O.B.KRISHNAN, BAPPAYIL HOUSE, ERANHIKKAL POST, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. P.P.PONGIANNAN, 1/4, ANDIKKADU, PALLI PALAYAM, AGRAHARAM POST, ERODE 8, SALEM, TAMILNADU. 2. S.MURUGIAH, S/O.A.SHANMUGHAM, KANAKKANADU, THIRUCHEMKODE ROAD, PALLI PALAYAM, ERODE 6, SALEM, TAMIL NADU. 3. M/S.NATIONAL INSURANCE CO.LTD., BRANCH OFFICE-1, 78 T.V.S. STREET, ERODE 638 001. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.691 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.2629/1993 of Motor Accidents Claims Tribunal, Irinjalakkuda challenge the judgment and award of the Tribunal dated June 20, 2001 awarding a compensation of Rs. 1,05,400/- for the loss caused to them on account of the death of deceased Appu in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased Appu was a driver aged 28 earning Rs. 3,000/- per month. The claimants are the parents and sisters of the deceased. On June 17, 1993 at about 4.45 a.m., deceased Appu was driving his Maruthi Van bearing Reg.No.KCE 3661 from Thiruvananthapuram to Kozhikode. When he reached at Nandhikkara, it collied head on with the lorry bearing Reg.No.TN 28 Y/9243. Deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing MACA.No.691/04 2 treatment in the hospital. According to the claimants, the accident occurred due to the rash and negligent driving of the offending lorry by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimants, who are the dependents and legal heirs of the deceased. 3. First respondent though entered appearance did not file any written statement before the Tribunal. Claimants filed a memo before the Tribunal to the effect that no relief was claimed against the second respondent. The third respondent, the insurer of the offending vehicle , filed a written statement admitting the policy and further contended that the accident occurred due to the negligence on the part of the deceased. 4. This O.P. was jointly tried along with other O.Ps. filed by the injured persons in the accident and a common award was passed by the Tribunal. Pws 1 to 3 were examined and Exts.A1 to A3 were marked on the side of the claimants before the Tribunal. No evidence was adduced on the side of the respondents. The Tribunal on an MACA.No.691/04 3 appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by second respondent and awarded a compensation of Rs. 1,05,400/- with interest @ 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 the counsel for the appellants/claimants and the 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,05,400/-. The break up of the compensation awarded is as under : Loss of dependency - Rs. 92,400/- Pain and suffering - Rs. 5,000/- Loss of love and affection - Rs. 5,000/- Funeral expenses - Rs. 3,000/- MACA.No.691/04 4 8. Counsel for the claimants sought enhancement of the compensation for the loss of dependency and loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs. 1,000/- and after deducting 1/3 for his personal expenses, took Rs.700/- as his monthly contribution to his family and adopted a multiplier of 11 and awarded Rs. 92,400/- towards loss of dependency. 10. The deceased was admittedly driving the Maruthi van involved in the accident at the time of the incident. Therefore, we feel that as a driver his monthly income can be reasonably estimated at Rs. 2,500/- which comes to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, the balance of Rs. 20,000/- can be taken as his annual contribution to his family. The multiplier adopted by the Tribunal as 11 is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 2,20,000/- ( 20,000/- x 11). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,27,600/-. 11. For loss of love and affection, the Tribunal awarded Rs. 5000/- which appears to be very low. The deceased was the only MACA.No.691/04 5 son of claimants 1 and 2. His sisters are unmarried. Therefore, we feel that a compensation of Rs. 10,000/- 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. 12. In the result, the claimants are entitled to an additional compensation of Rs. 1,32,600/-. They are entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third 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.691/04 6 MACA.No.691/04 7