IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 MACA.No. 1853 of 2008(C) ----------------------- OPMV.1677/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT -------------------------------- 1. SALEENA, AGED 29 YEARS, W/O.DECEASED ASHRAF. 2. HASHNA (MINOR)D/O DECEASED ASHRAF, 9 YEARS, DATE OF BIRTH 16.8.98. 3. ASIF SAHEER (MINOR) AGED 6 YEARS, S/O.DECEASED ASHRAF DATE OF BIRTH 14.9.2001. 4. AHAMED S/O.LATE MOOSA, AGED 54 YEARS. 5. HUSSAIN, S/O.LATE MOOSA, AGED 52 YEARS 6. ABDURAHIMAN S/O. LATE MOOSA, AGED 50 YEARS, 7. KADEEJZA D/O LATE MOOSA AGED 48 YEARS, VATTIKUNNUMMAL HOUSE, KADAVOOR AMSOM DESOM, 8. ABDUL NAZAR S/O LATE MOOSA, AGED 44 YEARS 9. MAIMOONA D/O. LATE MOOSA, AGED 44 YEARS, 10. AMINAKUTTY D/O.LATE MOOSA AGED 42 YEARS, 11. JAFFAR S/O.LATE MOOSA, AGED 40 YEARS, BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT ------------------------- THE UNITED INDIA INSURANCE COMPANY LTD, VELIMANNA BUILDING, MAIN ROAD, TAMARASSERY, (INSURER OF KL-11-A 1260 LORRY)POLICY NO.100312/31 /01/19426 CERTIFICATE NO.100312/31/01/19426,FROM 11.04.2002 TO 01.01.2003. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1853 of 2008 ------------------------------------------------------ Dated: AUGUST 16, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1677/2002 on the file of the Motor Accidents Claims Tribunal, Kozhikode. They are the wife, two minor children and brothers and sisters of one deceased Ashraf who died in a motor accident which occurred on April 10, 2002 at about 7 p.m. 2. The accident happened while the deceased was walking along the Kolikkal - Poonoor road and when reached near Kolikkal Mosque, he was knocked down by a lorry bearing Regn.No.KL-11/1260. He sustained serious injuries and he succumbed to the injuries while undergoing treatment in the Medical College Hospital, Kozhikode. Alleging negligence against the driver of the lorry, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.6 lakhs. 3. Respondents 1 and 2 filed a joint written statement admitting the accident, but denying negligence on the part of the driver of the lorry. The 2nd respondent, insurer, admitted the policy of the lorry, but contended that respondent No.1 was not the owner of M.A.C.A. 1853 of 2008 2 the lorry. Respondent No.1 has contended that he has purchased the lorry from the registered owner. The previous owner of the lorry was subsequently impleaded as the 3rd respondent in the OP. He remained absent. 4. Exts.A1 to A4 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the driver of the lorry and awarded a compensation of Rs.2,77,200/- with interest at the rate of 7% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard counsel for the appellants/claimants and that of 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 driver of the lorry 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 break up of the compensation amount awarded is as under: M.A.C.A. 1853 of 2008 3 dependency Rs.2,59,200/- pain and suffering 5,000/- funeral expenses 2,000/- consortium 10,000/- transportation 1,000/- 8. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency, for loss of consortium and for loss of love and affection. The Tribunal took the monthly income of the deceased as Rs.1800/- and after deducting 1/3rd for his personal expenses, balance amount of Rs.1200/- was taken as his monthly contribution to his family and adopting a multiplier of 18 as the deceased was aged only 26 at the time of the accident, a compensation of Rs.2,59,200/- was awarded towards loss of dependency. According to the claimants the deceased was a carpenter earning Rs.6000/- per month. The claimants produced the certificate of the Village Officer to prove the same. Taking into consideration the above aspect, we feel that monthly income of the deceased can be reasonably fixed at Rs.3000/- which comes to Rs.36000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.24000/- can be taken as his annual contribution to his family. The multiplier adopted as 18 is not seriously challenged. Thus calculated, for the loss of dependency the M.A.C.A. 1853 of 2008 4 claimants are entitled to a compensation of Rs.4,32,000/- (24000x18). Thus on this count the claimants are entitled to an additional compensation of Rs.1,72,800/-. 9. The Tribunal awarded Rs.10,000/- for loss of consortium which appears to be very low. Taking into consideration the young age of the 1st claimant, the widow, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 10. No compensation was seen awarded for loss of love and affection. Taking into consideration the tender age of the children, we feel that a compensation of Rs.25,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. Thus the claimants are entitled to an additional compensation of Rs.2,02,800/-. Only claimants 1 to 3 are the dependents of the deceased. Therefore the entire enhanced compensation shall be given to claimants 1 to 3, the wife and two minor children. They are entitled to interest @ 7% per annum from the date of petition till realisation and proportionate cost. The respondent being the insurer of the offending lorry shall deposit the amount before the Tribunal within two months from the date of receipt M.A.C.A. 1853 of 2008 5 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 mt/-