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 30TH MARCH 2010 / 9TH CHAITHRA 1932 MACA.No. 317 of 2009(G) ------------------------------------ [O.P(MV).NO.432/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI] .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. BALAN,S/O.KORAN, PANAKKAL HOUSE, POOKOTTUR P.O. ARAVANKARA, PALLIPADY, MALAPPURAM DISTRICT. 2. SAROJINI, W/O.BALAN, PANAKKAL HOUSE, POOKOTTUR P.O. ARAVANKARA, PALLIPADY, MALAPPURAM DISTRICT. 3. SUNITHA, W/O.LATE UNNIKRISHNAN, PANAKKAL HOUSE, POOKOTTUR P.O. ARAVANAKARA, PALLIPADY, MALAPPURAM DISTRICT. 4. ABHILASH-MINOR, REPRESENTED BY HIS MOTHER GUARDIAN 3RD APPELLANT. 5. AJITH KRISHNA -MINOR, REPRESENTED BY HIS MOTHER GUARDIAN 3RD APPELLANT. 6. ANAS KRISHNA -MINOR,REPRESENTED BY HIS MOTHER-GUARDIAN 3RD APPELLANT. BY ADVS. SRI.BABU S. NAIR, SRI.K.RAKESH. RESPONDENT/3RD RESPONDENT: -------------------------------------------------- THE UNITED INDIA INSURANCE CO.LTD., MALAPPURAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== M.A.C.A. No. 317 of 2009 =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== Dated this the 30th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.432 of 2004 of the Motor Accidents Claims Tribunal, Manjeri challenge the judgment and award of the Tribunal dated July 8, 2008 awarding a compensation of Rs.3,70,500/- for the loss caused to the claimants, on account of the death of Unnikrishnan in a motor accident. 2. The facts leading to this appeal in brief are these:- Deceased Unnikrishnan was aged 32 at the time of the accident and used to earn Rs.6,000/- p.m. as a coolie, according to the claimants. The claimants are parents , wife and sons of the deceased. On January 23, 2004 at about 10.20 a.m. while the deceased was walking along the side of the Calicut-Palakkad public road from Malappuram side to Calicut side and he reached at Manjeri, he was knocked MACA 317/2009 2 down by a car bearing registration No. KL-10 K 3322, as a result of which he sustained serious injuries. He succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, the accident occurred due to the rash and negligent driving of the offending car by the first respondent. The first respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending car are jointly and severely liable to pay the compensation to the claimants who are the legal heirs and dependents of the deceased. 3. Respondents 1 and 2, driver and owner of the offending car, remained absent and were set ex parte by the Tribunal. The third respondent Insurance Company filed a written statement, admitting the policy. 4. Exts. A1 and A2 were marked on the side of the claimants. No evidence was adduced by the contesting third respondent before the Tribunal. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.3,70,500/- with interest at the rate of 7% p.a. from the MACA 317/2009 3 date of petition till realization and cost. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellants/claimants and learned counsel for the third respondent/Insurance Company. 6. The accident as well as the death of Unnikrishnan as a result of the injury sustained in 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? 7. The Tribunal awarded a total compensation of Rs.3,70,500/-. The break up of the compensation awarded is as under:- Transportation : Rs.1,000/- Funeral expenses : Rs.2,000/- Pain and suffering : Rs.5,000/- Loss to estate : Rs.2,500/- Loss of consortium : Rs.10,000/- MACA 317/2009 4 Loss of love and affection : Rs.10,000/- Loss of dependency : Rs.3,40,000/- ------------------ Rs.3,70,500/- ======== 8. The learned counsel for the appellants/claimants sought enhancement of compensation for the loss of dependency, loss of amenities and enjoyment in life, for pain and suffering endured and for the loss of consortium. The Tribunal took the monthly income of the deceased as Rs.2,500/-, adopted a multiplier of 17 and awarded Rs.3,40,500/- for the loss of dependency. The deceased was aged 32 at the time of the accident and was doing coolie work. Considering the above aspect, we are of the view that monthly income of the deceased can be fixed as Rs.3,000/-. After deducting 1/3 for his personal expenses and balance of Rs.2,000/- can be taken as his monthly contribution to his family. Thus, for the disability caused, the claimants are entitled to a compensation of Rs.4,08,000/- (Rs.2,000/- x 12 x 17). Thus on this count the claimants are entitled to an additional compensation of Rs.68,000/-. MACA 317/2009 5 9. The Tribunal awarded Rs.5,000/- for pain and suffering endured, Rs.10,000/- for loss of consortium and Rs.10,000/- for the loss of love and affection. Taking into consideration the fact that the deceased died from the hospital and that the third claimant, wife of the deceased, was aged only 23 at the time of the accident, we feel that a compensation of Rs.10,000/- for pain and suffering, Rs.25,000/- for loss of consortium and Rs.20,000/- for loss of amenities and enjoyment in life would be reasonable. Thus on these counts, the claimants are entitled to an additional compensation of Rs.30,000/-. Regarding the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 10. In the result, the claimants are entitled to an additional compensation of Rs.98,000/-. They are entitled to interest at 9% per annum from the date of petition till MACA 317/2009 6 realization and proportionate cost. For the compensation awarded, the Tribunal granted interest only at 7% p.a., which is very low. The claimants are entitled to interest at the rate of 9% p.a. from the date of petition till realization for the compensation awarded and the enhanced compensation. The third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of copy of this judgment before the Tribunal with notice to the claimants. The claimants are entitled to proportionate costs. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn