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 27TH MAY 2010 / 6TH JYAISHTA 1932 MACA.No. 1649 of 2004() ----------------------- OPMV.569/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): CLAIMANTS ------------------------ 1. P.KALI, W/O.LATE KRISHNAN, PARAMBATTIL HOUSE, MELMURI, P.O.KADAMPUZHA. 2. KOZHINHIPARAMBIL BHARGAVI, W/O.LATE P.PANKU. 3. P.SREEJA, D/O.LATE P.PANKU. 4. P.JISHA, D/O.LATE P.PANKU. 5. P.REENA, D/O.P.PANKU, (MINOR AGED 14 YEARS). 6. P.REETHA, D/O.LATE P.PANKU, (MINOR AGED 12 YEARS) (MINOR APPELLANTS 5 AND 6 ARE REPRESENTED BY GUARDIAN MOTHER 2ND APPELLANT). BY ADV. SRI.THOMAS ANTONY SRI.M.P.PRAKASH RESPONDENT(S): RESPONDENTS --------------- 1. A.T.HAMZA, S/O.MOIDEENKUTTY, ARIPRATHODI HOUSE, VALAMBOOR, P.O.PATTIKKAD (DRIVER). 2. P.ASHRAF, S/O.MOIDEEN, PRATHODI HOUSE, PALAKKULAM, P.O.KARUVAMBRAM (OWNER). 3. ORIENTAL INSURANCE CO.LTD., MANJERI. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.MANSOOR.B.H. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1649 of 2004 ------------------------------------------------------ Dated: MAY 27, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimants in OP(MV) 569/2000 on the file of the Motor Accidents Claims Tribunal, Manjeri, challenges the judgment and award of the Tribunal dated July 13, 2004 awarding a compensation of Rs.3,41,300/- for the loss caused to the claimant on account of the death of deceased Panku in a motor accident. 2. The facts leading to this appeal in brief are these: Deceased Panku was a jewel appraiser in South Malabar Gramin Bank, Kadampuzha and used to earn Rs.10,000/- per month. He was aged 49 at the time of the accident. On November 16, 1999 at about 7.45 p.m. the deceased was walking along the northern side of Perintalmanna - Kozhikode public road and when he reached Angadipuram, he was knocked down by a bus bearing registration No. KLM 5758 ridden by the 1st respondent. The deceased sustained serious injuries and he succumbed to the injuries on the next day while undergoing treatment in the Moulana Hospital, Perintalmanna. The claimants are the mother, wife and daughters of the deceased. According to the claimants the accident occurred M.A.C.A. 1649 of 2004 2 due to the negligence of the 1st respondent. The 1st respondent as the driver, the 2nd respondent as the owner and the 3rd respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimants who are the dependents and legal heirs of the deceased. 3. Respondents 1 and 2 remained absent before the Tribunal. The 3rd respondent, insurer of the offending bus, filed a written statement admitting the policy. 4. Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. No evidence was adduced for the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.3,41,300/-. 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 1st respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimants are M.A.C.A. 1649 of 2004 3 entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.3,41,300 /-. The break up of the compensation awarded is as under:- Transport to hospital - Rs.500/- loss of consortium - 5,000/- medical expenses - 6,400/- pain and suffering - 5,000/- Funeral expenses - 2,000/- dependency - 3,22,400/- 8. The Counsel for the appellants sought enhancement of the compensation for the loss of dependency, pain and suffering endured and the loss of consortium. The Tribunal took the monthly income of the deceased as Rs.3100/- and after deducting 1/3rd for his personal expenses, took Rs.24,800/- per annum as his contribution to the family and adopted a multiplier of 13 and awarded Rs.3,22,400/- towards loss of dependency. The claimant was working as a jewel appraiser in South Malabar Gramin Bank, Kadampuzha, and was earning Rs.10,000/- per month as evidenced by Ext.A6 certificate issued by the manager of the Bank and Ext.A7 acknowledgment of the income tax return of the deceased and TDS certificate. In the light of Exts.A6 and A7, we feel that his monthly income can be reasonably M.A.C.A. 1649 of 2004 4 assessed as Rs.5000/-. The multiplier 13 adopted by the Tribunal is not seriously challenged. Thus calculated, for the loss of dependency, the claimants are entitled to a compensation of Rs.5,20,000/- (Rs.40,000 x 13). Thus, on this count the claimants are entitled to an additional compensation of Rs.2,20,000/-. 9. The Tribunal awarded compensation of Rs.15,000/- for pain and suffering and Rs.15,000/- for loss of consortium. Having regard to the fact that the deceased succumbed to the injuries sustained on the same day at the hospital, we feel that for pain and suffering endured Rs.20,000/- would be reasonable. Having regard to the age of the 2nd claimant, the wife, we feel that a compensation of Rs.20,000/- would be reasonable for the loss of consortium. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. Thus the claimants are entitled to an additional compensation of Rs.2,30,000/-. Instead of interest at the rate of 6% per annum awarded by the Tribunal, they are entitled to interest at 7.5% per annum for the compensation already awarded and for the additional compensation from the date of petition till realisation and proportionate cost. The 3rd respondent being the insurer of the M.A.C.A. 1649 of 2004 5 offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of the 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 The figure “Rs.2,20,000/-” occurring in the last line of paragraph 8, page 4 is corrected as “Rs.1,97,600/-”; the figure “Rs.15,000/- occurring in lines 1 & 2, paragraph 9, page 4 is corrected as “Rs.5,000/-”; the figure “Rs.20,000/-” occurring in paragraph 9, lines 5 & 6 is corrected as “Rs.10,000/-” and the figure “Rs.2,30,000/-” occurring in line 2, paragraph 10 page 4 is corrected as “Rs.2,07,600/-” as per order dated 23.9.2010 in IA 1796/2010 in MACA 1649/2004. Sd/- Registrar (Judicial) mt/-