IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 MACA.No. 74 of 2009() --------------------- OPMV.336/2003 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS ------------------------ 1. YESODHA.P.,AGED 55 YEARS, WIFE OF LATE VELAYUDHAN. 2. SUSIL KUMAR.P., 36 YEARS S/O.LATE VELAYUDHAN 3. SHEEBA./P. 32 YEARS, D/O.LATE VELAYUDHAN 4. SHEREENA.P., AGED 32 YEARS, D/O.LATE VELAYUDHAN. 5. SANTHOSH KUMAR.P., 30 YEARS, S/O.LATE VELAYUDHAN. 6. SHAMEENA.P., 28 YEARS, D/O.LATE VELAYUDHAN. ALL THE APPELLANTS ARE RESIDING AT POOKKATT HOUSE, PUTHIYANGADI AMSOM AND DESOM, ATHANIKKAL POST, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS --------------- 1. NISSAR.M., S/O.USMAN, MUTHACHANKANDI HOUSE, ATHOLI POST, KOZHIKODE. 2. UNITED INDIA INSURANCE CO.LTD. DIVISIONAL OFFICE NO.II, SEEMA TOWERS, MAVOOR ROAD, KOZHIKODE. ADV. SRI.JOHN JOSEPH VETTIKAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.74 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)336/2003 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode. They are the wife and children of deceased Velayudhan who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated February 11, 2008 awarding a compensation of Rs. 97,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On November 17, 2002, while the deceased was walking along Kozhikode-Kannur road and reached near Sujatha Textiles, he was knocked down by the bus bearing Reg.No.KL-11-C-8766 driven by the first respondent in the O.P.. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on November 24, 2002. Alleging negligence against the driver of the bus, the claimants filed the OP under Sec.166 MACA.No.74/2009 2 of the Motor Vehicles Act claiming a compensation of Rs.3,50,000/-. 3. First respondent, the owner-cum-driver of the offending bus remained absent before the Tribunal. The second respondent, the insurer of the offending bus filed a written statement admitting the policy and further contended that the accident occurred due to the negligence of the deceased. 4. Exts.A1 to A3 series were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting second respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the driver of the bus and awarded a total compensation of Rs.97,000/- with interest at the rate of 7.5% per annum from the date of petition till realisation and a cost of Rs. 1,000/-. 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 MACA.No.74/2009 3 driver of the bus 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.97,000/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.50,000/- Medical bills - Rs.26,480/- Consortium - Rs. 7,500/- Pain and suffering - Rs. 8,000/- Incidental charge - Rs. 2,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 1,000/- 8. Counsel for the claimants sought enhancement of the compensation for loss of dependency and on other heads. 9. The Tribunal took the annual income of the deceased as Rs.15,000/- and after deducting 1/3 for his personal expenses, the balance amount of Rs.10,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 5 and awarded Rs. 50,000/- for the loss of dependency. Deceased was aged 65 at the time of the accident. According to the claimants, he was a manual labourer earning Rs. 4,500/- per month. Taking into consideration the MACA.No.74/2009 4 above aspect, we feel that the annual contribution of the deceased to his family can be reasonably fixed at Rs. 20,000/-. The Tribunal adopted a multiplier of 5 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 1,00,000/- ( 20,000 x 5). Thus on this count, the claimants are entitled to an additional compensation of Rs.50,000/-. 10. For the pain and suffering endured, Rs. 8,000/- was awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the fact that deceased died after seven days of the accident, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 11. No compensation was awarded for loss of estate. Taking into consideration the fact that deceased was a manual worker, we feel that a compensation of Rs. 5,000/- for loss to estate 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. 12. In the result, the claimants are found entitled to an MACA.No.74/2009 5 additional compensation of Rs. 67,000/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The second 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.74/2009 6