IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 MACA.No. 1193 of 2006() ----------------------- OPMV.288/2002 of Motor Accidents Claims Tribunal, Kasargod .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. V.LALITHA, AGED 24 YEARS/2002, WIDOW OF A.THAMBAN NAIR, R/AT. UDAYAPURAM, KODOM VILLAGE & POST, HOSDURG TALUK, KASARAGOD. 2. NEETHU, AGED 10 YEARS (MINOR), REP. BY THEIR GUARDIAN MOTHER LALITHA.V, DO. DO. 3. NITHYA, AGED 6 YEARS, (MINOR), REP. BY THEIR GUARDIAN MOTHER LALITHA.V, DO. DO. 4. PARVATHI AMMA.A, AGED 65 YEARS/2002, W/O.LATE UNNI NAIR, RESIDING AT UDAYAPURAM, KODOM VILLAGE, KODOTH.P.O, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): RESPONDENTS --------------- 1. BALAKRISHNA RAI, AGED 26 YEARS/2002, S/O.VITTAL RAI, VITTALA, RESIDING AT CHANILA, PUNCH VILLAGE, BANTWAL TALUK. 2. PRAKASH SHENOY, S/O.DEVARAYA SHENOY, PRAGATHI ENTERPRISES, KADRI, MANGALORE, RESIDING NEAR SHRINIDHI PETROL BUNK, KOKKARAKALLU, MULKI, KARNATAKA STATE. MACA.NO.1193/06 3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, MANGALORE, RAM BHAVAN COMPLEX, KODIALBAIL, MANGALORE, KARNATAKA STATE. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1193 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV)No.288/2002. They are the wife, children and mother of deceased Thamban Nair who died in a motor accident which occurred on June 26,2001 at about 10.a.m at Thandanbail in Sooratkal village, Karnataka. The accident happened when the jeep in which deceased was travelling collided head on with the bus bearing Reg.No.KA 19-8/1119 driven by the first respondent. Alleging negligence against the first respondent, the driver of the bus claimants have filed the O.P. under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 10 lakhs. 2. This O.P. was jointly tried along with other O.Ps. filed by the legal heirs of other deceased persons in the accident and a common award was passed. Respondents 1 and 2, the driver and the owner of the bus remained absent before the Tribunal. The third respondent, the insurer of the offending vehicle admitted the policy, but denied the liability. Exts.A1 to A21 were marked on the side of the claimants. No MACA.No.1193/2006 2 evidence was adduced by the contesting third respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs. 2,20,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 3. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 4. 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. 5. The Tribunal awarded a total compensation of Rs.2,20,200/-. The break up of the compensation awarded is as under : Transportation - Rs. 1,000/- Damage to clothing - Rs. 200/- Pain and suffering - Rs. 5,000/- Loss of dependency - Rs.2,04,000/- Loss of consortium - Rs. 5,000/- Loss of love and affection - Rs. 5,000/- MACA.No.1193/2006 3 6. Counsel for the claimants sought enhancement of compensation for the loss of dependency, for loss of consortium and for loss of love and affection. 7. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3 for his personal expenses, the balance amount of Rs. 12,000/- was taken was his annual contribution to his family and adopted a multiplier of 17 and awarded Rs. 2,04,000/- for the loss of dependency. Deceased was a stone cutter aged 32 and earning Rs. 5,000/-, according to the claimants. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs.2,000/- which comes to Rs. 24,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 16,000/- can be taken as his annual contribution to his family. The multiplier adopted by the Tribunal as 17 is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of 2,72,000/- ( 16,000 x 17). Thus on this count, the claimants are entitled to an additional compensation of Rs.68,000/-. MACA.No.1193/2006 4 8. The Tribunal awarded Rs. 5,000/- for loss of consortium and another 5,000/- for loss of love and affection. Taking into consideration the age of the widow and the two children, we feel that a compensation of Rs. 15,000/- for loss of consortium and Rs. 20,000/- for loss of love and affection would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 9. In the result, the claimants are found entitled to an additional compensation of Rs. 93,000/-. For the enhanced compensation, claimants are entitled to interest @ 7.5% per annum from the date of petition till realisation. 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.1193/2006 5 MACA.No.1193/2006 6