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 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 MACA.No. 2050 of 2006() ----------------------- ( OPMV.273/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM) .................... APPELLANTS/PETITIONERS: ------------------------------------------ 1. GEORGE, AGED 50 YEARS, SON OF P.L.ANTONY. 2. BABY, AGED 48 YEARS, WIFE OF GEORGE. 3. NISHA, AGED 25 YEARS, DAUGHTER OF GEORGE, ALL APPELLANTS ARE RESIDING AT POZHAMANGALATH, PANDARATHUNDIYIL HOUSE, BEHIND INDIRA GANDHI CO-OPERATIVE HOSPITAL, KADAVANTHRA, KOCHI 682 020. BY ADV. SRI.ANIL S.RAJ RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. C.M.VENU,S/O.MADHAVAN, 41/1045, DEEPTHI, C.P.UMMER ROAD, PULLEPADY, ERNAKULAM, COCHIN 682 035. 2. K.G.JOSEPH, S/O.GEORGE, KANNOTHUPARAMBIL HOUSE, NEAR KANTAKARNNA TEMPLE, PANANGAD, KUMBALAM VILLAGE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH NO.III, HOSPITAL ROAD, COCHIN 682 011. R3 BY ADV. SRI.A.A.MOHAMMED NAZIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q.BARKATH ALI, JJ. = = = = = = = = = = = = M.A.C.A.No.2050 of 2006. = = = = = = = = = = = = Dated this the 27th day of September, 2010. J U D G M E N T Barkath Ali, J. Appellants are the claimants in OP(MV)No.273 of 2001 on the file of the Addl.Motor Accidents Claims Tribunal, Ernakulam, who are the parents and the sister of the deceased Antony George @ Niju George who died in a motor accident which occurred on October 1, 2000. The accident happened while the deceased was cycling along Vyttila – Ernakulam and when he reached near Janatha Junction, Vyttila he was knocked down from behind by a bus bearing registration No.KEE 7967. He sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the second respondent, the driver of the offending bus, the claimants filed the Original Petition before the Tribunal under Section 166 of the Motor Vehicles Act M.A.C.A.No.2050/2006. 2 claiming a compensation of Rs.Five lakhs. 2. The first respondent, the owner of the offending bus, in his written statement contended that at the time of the accident he had sold the bus to one Sugathan and has intimated the RTO regarding the transfer. 3. The 2nd respondent, the driver of the offending bus though entered appearance did not file any written statement before the Tribunal. The 3rd respondent, insurer of the offending vehicle filed a written statement admitting the policy. 4. Exts.A1 to A10 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence the Tribunal found that the accident happened due to the negligence of the second respondent, the driver of the offending vehicle and awarded a compensation of Rs.2,00,000/- with interest at the rate of 7.5% per annum from the date of petition till realisation with proportionate M.A.C.A.No.2050/2006. 3 cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the claimants and the counsel for the Insurance Company. 6. The accident was not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent 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 Tribunal awarded a total sum of Rs.2,00,000/-. The break up of the compensation amount awarded is as under: Loss of dependency : Rs.1,80,000.00 Funeral expenses : Rs. 2,500.00 Loss of estate : Rs. 2,500.00 Pain and suffering : Rs. 5,000.00 Loss of love and affection : Rs. 10,000.00 ---------------------- : Rs.2,00,000.00 ========= M.A.C.A.No.2050/2006. 4 8. Counsel for the claimants sought enhancement of the compensation for the loss of dependency. The Tribunal took the monthly contribution of the deceased to his family as Rs.1,000/- and adopted a multiplier of 15 and awarded Rs.1,80,000/- for loss of dependency. The deceased boy was aged 17 at the time of accident. According to the claimants, he was a newspaper boy earning Rs.3,000/- per month. Claimants produced Ext.A9 certificate to that effect. Taking into consideration the above aspect we feel that the monthly income of the claimant can be reasonably fixed at Rs.2,500/- which comes to Rs.30,000/- per annum. After deducting 1/3rd for his personal expenses, the balance amount of Rs.20,000/- per annum can be adopted as his monthly contribution to his parents. The multiplier adopted as 15 appears to be reasonable, taking into consideration the age of the deceased and the age of the parents. Thus, towards loss of dependency, the claimants are entitled to a compensation of Rs.3,00,000/- (20,000 x 15). As regards M.A.C.A.No.2050/2006. 5 the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 9. Thus, the claimants are entitled to an additional compensation of Rs.1,20,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The 3rd respondent being the insurer of the 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 that extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, Judge. P.Q.BARKATH ALI, Judge. kvs/-