IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.No. 427 of 2007() ---------------------- OPMV.591/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANTS/PETITIONERS 1 to 3 -------------------------------------------- 1. CHANDRAN, 53 YEARS, S/O.KUMARAN, KAMMILLIYIL HOUSE, THRIKKANDIYOOR AMSOM DESOM, P.O.THEKKUMMURI, TIRUR TALUK, MALAPPURAM DISTRICT. 2. JANAKI, AGED 48 YEARS, W/O.CHANDRAN, KAMMILLIYIL HOUSE, THRIKKANDIYOOR AMSOM DESOM, P.O.THEKKUMMURI, TIRUR TALUK, MALAPPURAM DISTRICT. 3. ANITHA, 26 YEARS, D/O.CHANDRAN, KAMMILLIYIL HOUSE, THRIKKANDIYOOR AMSOM DESOM, P.O.THEKKUMMURI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS -------------------------- 1. T.ALIKUTTY HAJI, S/O.MARAKKAR, THARAYAMPATTU HOUSE, KARATHOOR P.O., CODACAL, TIRUR TALUK, MALAPPURAM DISTRICT. 2. T.VALEETH, S/O.ALIKUTTY HAJI, THARAYAMPATTU HOUSE, KARATHOOR P.O., CODACAL, TIRUR TALUK, MALAPPURAM DISTRICT. 3. NEW INDIA ASSURANCE CO.LTD., K.H.BUILDING, THAZHEPPALAM P.O., TIRUR, MALAPPURAM DISTRICT. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.427 of 2007 -------------------------------------- Dated this the 26th day of November, 2008. JUDGMENT Thomas P.Joseph, J. The only son of appellants 1 and 2 sustained fatal injuries in a motor accident on 25.1.2003. He was driving a goods autorickshaw. Lorry driven by the second respondent, owned by the first respondent and insured with the third respondent came from behind and hit the goods autorickshaw, according to the appellants due to its rash and negligent driving by the second respondent. Appellants who are the parents and sister of the deceased claimed Rs.6,12,000/- as compensation. Tribunal accepted the contention of the appellants regarding the negligence and awarded Rs.2,44,000/- as compensation to be realized from respondents 1 to 3. Third respondent was directed to deposit the amount. It is contended in this appeal that compensation awarded is low. 2. Heard. 3. It is proved in the evidence that deceased, a bachelor was aged 26 years at the time of accident. He was a driver by occupation and in fact, was driving goods autorickshaw at the time of accident. Tribunal has fixed the monthly income of the deceased as Rs.3,000/-. Considering the age and occupation of the deceased, we are satisfied that monthly income fixed by the Tribunal is reasonable. MACA No.427/2007 2 4. Appellants 1 and 2 were aged 50 and 45 years, respectively at the time of accident. Third appellant, the sister was aged 23 years then. Learned Tribunal has taken 13 as the multiplier. Though it is contended by learned counsel for appellants that the multiplier fixed is low since according to the learned counsel, age of the deceased should have been taken into account for the purpose, we are unable to accept that contention in view of the settled position of law that in the case of death of unmarried persons, the age of the dependents has to be looked into for determining the multiplier. Tribunal has correctly taken 13 as the multiplier. 5. Though Tribunal has taken Rs.3,000/- as the monthly income of the deceased, for the purpose of assessing compensation payable for loss of contribution and dependency, only Rs.1,500/- per month was taken. Tribunal observed in paragraph 13 of the award that since the deceased was a bachelor, he would have spent considerable amount for his own needs, he would have got married within a few years, thereafter contribution to the appellants 1 and 2 would come down and therefore, Rs.1,500/- per month is taken as the contribution. It is true that the deceased would have got married in the near future, had he not suffered fatal injuries. At the same time, possibility of his getting enhanced income in future and the fact that he was the only son of appellants 1 and 2 has also to be taken into account. Therefore, there was no justification in fixing the monthly contribution at Rs.1,500/-. Since the Tribunal found which we have concurred that the monthly income of the deceased was Rs.3,000/-, after deducting one third for personal expenses, contribution to the MACA No.427/2007 3 appellants should have been fixed as Rs.2,000/- per month. We accordingly fix contribution at Rs.2,000/- per month. Taking contribution at Rs.2,000/- per month, compensation payable for loss of dependency and contribution comes to Rs.3,12,000 (2,000x12x13) as against Rs.2,34,000/- awarded by the learned Tribunal. Appellants are entitled to get a further sum of Rs.78,000/- as additional compensation on that count. 6. It is contended by the learned counsel that compensation awarded for pain and suffering is low and that compensation was not awarded for loss of love and affection. Deceased had an instantaneous death. Therefore, we are not inclined to think that compensation awarded for pain and suffering required enhancement. So far as claim for compensation for loss of love and affection is concerned, considering the total amount of compensation to which appellants are found entitled, we are not inclined to award any further sum on that count. Thus, the additional compensation payable to the appellants is Rs.78,000/-. That amount will carry interest at the rate of 7.5% per annum from the date of application till realization. This Appeal therefore, is allowed in part. Over and above the compensation already awarded by the Tribunal, appellants are allowed to realise a further sum of Rs.78,000/- (Rupees Seventyeight thousand only) as additional compensation with 7.5% interest per annum from date of application till realisation from respondents 1 to 3, jointly and severally. Third respondent being the insurer of the offending vehicle is directed to deposit that amount in the Tribunal and on such deposit, appellants are allowed to withdraw the said MACA No.427/2007 4 amount in the ratio directed by the learned Tribunal. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks