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 8TH FEBRUARY 2011 / 19TH MAGHA 1932 MFA.No. 323 of 2003() --------------------- OPMV.271/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS 2 & 3: -------------- 1. P.AMMALUKUTTY AMMA, AGED 56 YEARS W/O V.K.RAMACHANDRAN NAIR PUNNAKADU VEEDU, P.O. VALLIKKUNNU VIA KADALUNDI NAGARAM, MALAPPURAM DISTRICT 2. V.K.RAMACHANDRAN NAIR, AGED 62 YEARS S/O SEKHARA PANICKER PUNNAKADU VEEDU , P.O. VALLIKKUNNU VIA KADALUNDI NAGARAM, MALAPPURAM DISTRICT BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS 1 TO 3 & 1ST RESPONDENT --------------- 1. A.K.KUNHAMU, S/O MOIDEEN HAJI P.O.VENGARA, MALAPPURAM DISTRICT 2. HAMZA, AGED 32 YEARS S/O MUHAMMED, ILLAMBILAKKAVIL HOUSE, P.O. URAKAM KIZHAKKUMURI, VENGARA DESOM MALAPPURAM DISTRICT 3. THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD BRANCH OFFICE, 2ND FLOOR SEEMA TOWERS, MAVOOR ROAD KOZHIKODE 4. M.BEENA, AGED 22 YEARS W/O LATE MR.SURENDRAN PUNNAKADU VEEDU, P.O. VALLIKKUNNU VIA KADALUNDI NAGARAM, MALAPPURAM DISTRICT ADV. SRI.P.MURALEEDHARAN FOR R-3 SRI P MURALEEDHARAN BY ORDER FOR R3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.F.A.No.323 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are claimants 2 and 3 in OP(MV) No.271/1995 on the file of the Motor Accidents Claims Tribunal, Kozhikode. They are the parents of deceased Surendran who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated September 5, 2002 awarding a compensation of Rs. 1,63,610/- for the loss caused to them on account of the death of deceased in that accident. 2. On August 21, 1994, while the deceased was pillion riding on the motor cycle and reached at Nelloor Bazar, he was knocked down by the car bearing Reg.No.KL-8/B 2302 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the car, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.8,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the MFA.No.323/2003 2 offending car though entered appearance did not file any written statement before the Tribunal. The third respondent, the insurer of the offending car filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A9 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 of the driver of the car and awarded a total compensation of Rs.1,63,610/- with interest at the rate of 9% per annum from the date of petition till realisation and a cost of Rs.1500/-. The claimants 2 and 3 have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. The first claimant was the widow of the deceased. As she has remarried she is not made a party in this appeal. 5. Heard 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 driver of the car is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are MFA.No.323/2003 3 entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,63,610/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,15,200/- Transportation - Rs. 500/- Extra nourishment - Rs. 500/- Treatment expenses - Rs. 8,060/- Bystander expenses - Rs. 350/- Loss of love and affection - Rs. 10,000/- Loss of consortium - Rs. 6,000/- Pain and suffering - Rs. 15,000/- Loss of expectation of life - Rs. 5,000/- Funeral expenses - Rs. 3,000/- 8. Counsel for the claimant sought enhancement of compensation for loss of love and affection and on other heads. 9. The deceased was aged 31 at the time of accident and was earning a salary of Rs. 1806/- as an Attender in Ponmundan Service Co-operative Bank as evidenced by Ext.A8 his salary certificate. The Tribunal took his monthly income as Rs.1800/- and after deducting 1/3 for his personal expenses took the balance amount of Rs. 1200/- as his monthly contribution to his family and adopted a multiplier of 8 as the appellants were aged 56 and 62 respectively at the time of accident and as the first claimant had remarried after 7 years of the accident and MFA.No.323/2003 4 awarded a compensation of Rs. 1,15,200/- for loss of dependency which appears reasonable. 9. The Tribunal awarded Rs.10,000/- for loss of love and affection which appears to be very low. Taking into consideration the age of the parents of the deceased, we feel that a compensation of Rs.20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the appellants/claimants are found entitled to an additional compensation of Rs.10,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third 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. MFA.No.323/2003 5 MFA.No.323/2003 6