IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 MACA.NO. 605 OF 2003() ------------------------------------ OPMV.521/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLATE/PETITIONER. --------------------------------------------------------- 1. R.VALLI, 36 YEARS, W/O.D.RAJA, THEVER NAGAR, ELAYIRAN PANNAI POST, VIRIDHU NAGAR DISTRICT,TAMIL NADU. 2. SUPPAMAL, W/O.DURAI RAJ YADAV, ELARIYIRAM PANNAI PO, TAMILNADU(MOTHER OF DECEASED). BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS. ------------------------------------------------ 1. BABY S/O.THOMAS, PLALAKKAL HOUSE, THARIODE NORTH P.O. WYNAD DISTRICT. 2. K.V.THOMAS, S/O.VARKEY, KOOCKKAL HOUSE, MADAKKIMALA PO, WAYANAD DISTRICT. 3. NEW INDIA ASSURANCE CO,.LTD., NILAMBUR ROAD, MAYIN, MALAPPURAM DISTRICT. ADV. SRI.A.C.DEVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag. C.J. & THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A. No.605 of 2003 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of December, 2008 J U D G M E N T ---------------------- Thomas P. Joseph, J. Legal representatives of the deceased who succumbed to the injuries suffered in a motor accident on 23.12.2000 claimed compensation of Rs.5,00,000/- from the respondents - driver, owner and insurer of the offending vehicle. Tribunal, allowed the appellants to realise Rs.1,70,000/- with interest at the rate of 9% per annum from the date of application till realisation and costs of Rs.1,000/-. Third respondent was directed to deposit the amount. Respondents have not challenged the award. Claiming enhanced compensation legal representatives of the deceased have come up in appeal. 2. Heard counsel for appellants and contesting respondent. 3. Point for consideration is whether appellants are entitled to get enhanced compensation? 4. Perused relevant records. 5. The Point: According to the appellants, accident occurred due to the rashness and negligence of the first respondent. Though Tribunal has not adverted to the issue regarding cause of accident, it found that respondents are liable to pay compensation obviously on M.A.C.A. No.605 of 2003 -: 2 :- the premise that accident occurred due to the rashness and negligence of the first respondent and hence respondents are liable. Since award passed by the Tribunal is not challenged by the respondents, it is not necessary for us to go into the question of cause of accident. What is required to be considered is only whether compensation awarded is just and fair. According to appellants, they are entitled to get enhanced compensation as claimed. It is contended by learned counsel that Tribunal has not considered the various aspects and awarded just and fair compensation. Counsel for respondents contended that no enhancement is required. 7. Accident was on 23.12.2000. Appellants are the wife and mother of the deceased. Deceased was aged 40 years at the relevant time. According to appellants he was engaged in business of confectionery and earning at the rate of Rs.5,000/- per month. Tribunal has not entered any finding regarding the monthly income of the deceased. Considering the age of the deceased at the time of accident and the wages payable to labourers during the relevant time, we fix the monthly income of the deceased as on the date of accident as Rs.2,500/-. Thus the annual income came to Rs.30,000/-. Deducting 1/3rd for personal expenses of the deceased, contribution to the family is Rs.20,000/- per year. Since the deceased was only 40 years at the time of accident, multiplier to be taken is '15'. That brings M.A.C.A. No.605 of 2003 -: 3 :- the compensation payable for loss of dependency and contribution to Rs.3,00,000/-. 8. Accident was on 23.12.2000. Deceased succumbed to the injuries on the same day. Even if death was instantaneous, appellants are entitled to get compensation for pain and suffering. Rs.5,000/- is awarded on that count. 9. First appellant, lost the company of her husband. First appellant was aged 36 years at the time of accident. Considering these aspects, Rs.5,000/- is awarded for loss of consortium. Second appellant lost the love and affection from her son. She is entitled to be compensated and in the facts and circumstances of the case Rs.5,000/- is awarded on that count. For funeral expenses, we award Rs.2,500/-. Appellants had to incur expenses to take the dead body from the hospital to their house. We award Rs.1,500/- on that count. For loss of estate, Rs.2,500/- is awarded. Thus, total compensation payable to the appellants comes to Rs.3,21,500/-. Tribunal has awarded Rs.1,70,000/-. Additional compensation payable is Rs.1,51,500/- which will carry interest at the rate of 7.5% per annum from the date of application till realisation. Resultantly, this appeal is allowed in part in the following lines. (i) Appellants are allowed to realise a further sum of Rs.1,51,500/- (Rupees One lakh, fifty one thousand and five hundred M.A.C.A. No.605 of 2003 -: 4 :- only) with interest at the rate of 7.5% per annum from the date of application till realisation from respondents 1 to 3, jointly and severally, over and above the compensation awarded by the Tribunal. Third respondent being the insurer of the offending vehicle is directed to deposit the said amount. (ii) The share of second appellant in the said amount is fixed as Rs.50,000/- (Rupees Fifty thousand only). Rest of the amount will go to the first appellant. (iii) Out of the share of second appellant, she is permitted to withdraw one half and the balance shall be deposited in a Nationalised Bank in her name for a period of three years. (iv) First appellant is permitted to withdraw 25% of her share and the balance shall be deposited in her name in a Nationalised Bank for a period of three years. J.B. KOSHY, ACTING CHIEF JUSTICE. THOMAS P.JOSEPH, JUDGE. vsv