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 26TH JULY 2010 / 4TH SRAVANA 1932 MACA.No. 1093 of 2005() ----------------------- OPMV.419/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/PETITIONERS: ------------------------------------------- 1. PATHUMMA KUTTY, W/O.LATE USSANAR VAKKAVU, ALAMPARA, NENMARA P.O. CHITTUR TALUK. 2. AMINA, S/O.LATE USSANAR, VAKKAVU, ALAMPARA, NENMARA P.O.. CHITTUR TALUK. 3. RAZIA. D/O.LATE USSANAR, VAKKAVU, ALAMPARA, NENMARA .P.O. CHITTUR TALUK. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. GOPALAKRISHNAN, S/O.PERUMAL, LILLY ESTATE, PADAGIRI, NELLIYAMPATHY, CHITTUR TALUK (OWER CUM DRIVER OF TAXI JEEP NO.KL 9B/5598). 2. UNITED INDIA INSURANCE CO.LTD., DOOR NO.10/290, G.B.ROAD, PALAKKAD. R2 BY ADV. SRI.K.SANDESH RAJA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1093 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 26th day of July, 2010 JUDGMENT Barkath Ali, J. Appellants are the widow and children of one Ussanar who died in a motor accident. On February 6, 2000 at about 7.00 a.m. while Ussanar was riding his motor cycle bearing registration No.KL.9F/5419 from Vakkavu to Lilly Estate and reached at Lilly Division Paluthupura, he was knocked down by a jeep bearing registration No.KL.9B/6698, driven and owned by first respondent and insured with the second respondent. He sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment at Government Hospital, Nemmara. 2. At the time of the accident, deceased was aged 43 and was earning Rs.4,000/- per month as Watcher in Forest department. Appellants/claimants who are his dependents and legal heirs filed O.P.(MV) No.419 of 2000 before the Motor Accidents Claims Tribunal, Palakkad under section MACA 1093/2005 2 166 of the Motor Vehicles Act, claiming a compensation of Rs.5 laks, alleging negligence against first respondent, driver of the offending jeep. 3. First respondent driver-cum-owner of the offending jeep before the Tribunal admitted the accident, but denied the liability. Second respondent, insurer of the offending jeep, admitted the policy of the jeep. First claimant was examined as PW1 and Exts.A1 to A5 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the first respondent and awarded a compensation of Rs.2,70,100/- with interest at the rate of 9% p.a. from the date of petition till realization and cost. The claimants have now come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 4. Heard learned counsel for the claimants and learned counsel for Insurance Company. MACA 1093/2005 3 5. 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 is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation ? 6. The Tribunal awarded a total compensation of Rs.2,70,100/-. The break up of the compensation awarded is as under:- Loss of dependency : Rs.2,49,600/- Pain and suffering : Rs. 5,000/- Transport to hospital : Rs. 1,000/- Funeral expenses : Rs. 2,000/- Loss of estate : Rs. 2,500/- Loss of consortium : Rs. 5,000/- Loss of love and affection : Rs. 5,000/- ------------------ Total : Rs.2,70,100/- ======== 7. The learned counsel for the claimants sought enhancement of the compensation for the loss of dependency, for loss of consortium and for loss of love and affection. MACA 1093/2005 4 8. The Tribunal took the monthly income of the deceased as Rs.2,400/-. After deducting 1/3 for his personal expenses, Rs.1,600/- per month was taken as his monthly contribution to his family. The Tribunal adopted a multiplier of 13 and awarded a compensation of Rs.2,49,600/- for loss of dependency. Claimants have produced Ext.A5 salary certificate issued by the Forest Range Officer, Nelliampathy, which shows that deceased was employed as Watcher in Forest Department on daily wage basis and earning Rs.3,258/- per month. Therefore, we feel that his monthly income can reasonably be fixed at Rs.3,250/-, which comes to Rs.39,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.26,000/- per annum can be taken as his annual contribution to his family. The Tribunal took the multiplier as 13. The deceased was aged 43 at the time of the accident. The Tribunal took his age as 45, as shown in inquest report, which appears to be not correct. Therefore, the proper multiplier that can be adopted in this case is 15. MACA 1093/2005 5 Thus, calculated for the loss of dependency claimants are entitled to a compensation of Rs.3,90,000/- (Rs.26,000/- x 15). Thus, on this count, the claimants are entitled to an additional compensation of Rs.1,40,400/-. 9. The Tribunal awarded Rs.5,000/- for loss of consortium. Taking into consideration the age of the widow, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 10. For loss of love and affection the Tribunal awarded Rs.5,000/-, which appears to be very low. Claimants 2 and 3 were aged 17 and 15 at the time of the accident. Therefore, we feel that a compensation of Rs.15,000/- 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. 11. In the result, the claimants are entitled to an additional compensation of Rs.1,60,400/- with interest at 9% p.a. from the date of petition till realization and MACA 1093/2005 6 proportionate costs. The second respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified as above. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.