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 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 MACA.No. 2100 of 2005() ----------------------------------- OPMV.63/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANTS/PETITIONERS. ---------------------------------------------------------------- 1. HAJIRA, W/o. SHOWKATHALI, EDAPPATTA HOUSE, KUNTHIPPUZHA, MANNARGHAT, PALAKKAD. 2. ARIFA, D/o. SHOWKATHALI, REPRESENTED BY MOTHER IST APPELLANT HAJIRA, EDAPPATTA HOUSE, KUNTHIPPUZHA, MANNARGHAT, PALAKKAD. 3. NABEESA, W/o. MOHAMMED KURIKKAL, EDAPPATTA HOUSE, KUNTHIPPUZHA, MANNARGHAT, PALAKKAD. 4. RAMALA, D/o. MOHAMMED KURIKKAL, EDAPATTA HOUSE, KUTHIPPUZHA, MANNARGHAT, PALAKKAD. 5. NAZEEMA, D/o. MOHAMMED KURIKKAL, EDAPPATTY HOUSE, KUNTHIPPUZHA, MANNARGHAT, PALAKKAD. 6. SUHAIL, S/o. SHOWKATHALI, REPRSENTED BY GUARDIAN MOTHER, SAFIA, D/O.ALAVI, METHYL HOUSE, MACHAMTHODU, THACHAMPARA P.O. PALAKKAD. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): RESPONDENTS. ----------------------------------------------- 1. C.GOVINDARAJ, 416/57, M.M.K. STREET, VADAKOVAI, COIMBATORE, TAMILNADU. 2. C.RAJU, S/O.CHINNAGOUNDER, AMBAKKAM STREET, SUBRAMANIAPURAM, LOVELY STREET, COIMABTORE, TAMILNADU. 3. THE NEW INDIA ASSURANCE CO.LTD., COIMBATORE, TAMILNADU. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pkk A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------------ M.A.C.A No. 2100 OF 2005 ---------------------------------------------- DATED THIS THE 13TH DAY OF SEPTEMBER, 2010 J U D G M E N T Barkath Ali, J. Appellants are the claimants in OP(MV) No. 63/97 on the file of Motor Accidents Claims Tribunal, Palakkad who are the wife, children,mother and sisters of deceased Showkathali who died in a motor accident that occurred on November 29,1995. 2. The accident happened while deceased Showkathali was driving goods autorikshaw bearing registration No. KL 9B 2721 from Mannarghat to Palakkad for purchasing fish and when he reached at Sultenpet Junction at Palakkad, it collided head on with a lorry bearing registration No. TDC 3173. Deceased sustained serious injuries and he died on the spot. Alleging negligence against the first respondent, the driver of the lorry claimants filed the OP before the Tribunal claiming a compensation of Rs.7,20,000/-. M.A.C.A No. 2100 OF 2005 2 3. Respondents 1 and 2, the driver and owner of the offending lorry remained absent before the Tribunal. The 3rd respondent, Insurance Company filed a written statement admitting the policy but attributing negligence to the deceased. Respondents 4 and 5, the owner and Insurer of the goods autorickshaw were made formal parties in the OP. 4. This OP was tried jointly with another OP filed by the injured persons in the accident and a common award was passed. PW1 was examined and Ext. A1 to A12 series were marked on the side of claimants. No evidence was adduced by the respondents. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the 1st respondent, the driver of the lorry and awarded a compensation of Rs. 2,31,250/- with interest at rate of 6% per annum from the date of petition till realization and a cost of Rs. 750/- against respondents 1 to 3. Claimants now have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants and the counsel for the Insurance Company. M.A.C.A No. 2100 OF 2005 3 6. 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, the driver of the offending lorry is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the appellants/claimants are entitled to any enhanced compensation ? 7. The Tribunal awarded a compensation of Rs. 2,31,250/-. The break up of the compensation awarded is as under: Loss of dependency :Rs. 2,16,000 Transportation expenses :Rs. 500 Damage to clothings :Rs. 250 Funeral expenses :Rs. 2,000 Loss of estate :Rs. 2,500 Pain and suffering :Rs. 5,000 Loss of consortium :Rs. 5,000 8. The counsel for the appellants/claimants sought enhancement of the compensation for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs. 1500/- and after deducting 1/3 of his personal expenses, took balance amount of Rs. 1,000/- as his monthly contribution to his family and adopted a multiplier of 18 as he was aged 28 at the time M.A.C.A No. 2100 OF 2005 4 of accident and awarded a compensation of Rs. 2,16,000/- for loss of dependency. According to the claimants the deceased was a fish merchant earning to Rs.4,000/- per month. Taking into consideration the above aspect and as the deceased was aged only 28 at the time of accident, we feel that his monthly income can be reasonably fixed at Rs. 3,000/-. After deducting 1/3 of his personal expenses, balance amount of Rs. 2000/- per month can be taken as his monthly contribution to his family which comes to Rs. 24,000 per annum. Multiplier 18 adopted is not seriously challenged. Thus calculated for the loss of dependency the claimants are entitled to a compensation of Rs. 4,32,000/- . Thus, on this count, the appellants are entitled to an additional compensation of Rs. 2,16,000/-. As regards compensation awarded under other heads we find the same to be reasonable and therefore we are not disturbing the same. 10. Thus, the appellants/claimants are entitled to an additional compensation of Rs. 2,16,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realization and proportionate cost. The 3rd respondent, being the insurer of the offending vehicle shall deposit the amount before the Tribunal within M.A.C.A No. 2100 OF 2005 5 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 PKK