IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 MACA.No. 865 of 2005() ------------------------------------ OPMV.149/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): /PETITIONERS --------------------------------------------- 1. YOHANNAN, S/O.MATHA, PANAYAMKUNNU, PULIVILA VEEDU, MYLAM P.O., KOTTARAKKARA. 2. THANKAMMA, D/O.ELIC, DO.DO. 3. SOSAMMA, D/O.THANKAMMA, DO.DO. 4. THOMAS, S/O.YOHANNAN, DO.DO. 5. ANTONY, S/O.YOHANNAN,DO.DO. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENT(S): RESPONDENTS ---------------------------------------------------- 1. L.RAVEENDRAN, S/O.LAKSHMANA PANICKER, KIZHAKKEVILA, R.S.SADANAM, POOKKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM. 2. SURESH, S/O.RAVEENDRAN, KIZHAKEVILA, POOKKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM. 3. NATIONAL INSURANCE CO LTD., KOLLAM. R1 BY ADV. SRI.KRISHNAMOORTHY R3 BY ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 865 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 16th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.149 of 1999 on the file of the Motor Accidents Claims Tribunal, Punalur. They are parents, sister and brothers of Raju who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated November 12, 2001 awarding a compensation of Rs.1,41,500/- for the loss caused to them on account of the death of Raju in that accident. 2. The accident occurred on December 30, 1994 at about 1.15 p.m. at North of Panayil Junction on the Kottayam -Kottarakkara M.C. Road. While deceased Raju was standing on the western side of the road, he was knocked down by a mini lorry bearing registration No.KL-01/A/9291, driven by the second respondent. He sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the MACA 865/2005 2 second respondent, the claimants filed the O.P. before the Tribunal claiming compensation. 3. This O.P. was tried along with O.P.(MV) No.160/99 filed by the legal heirs of another deceased person who died in the same accident. Respondents 1 and 2, the owner and driver of the offending mini lorry, remained absent and they were set ex parte by the Tribunal. The third respondent, insurer of the offending mini lorry, filed a written statement admitting the policy but denied the liability. PWs.1 and 2 were examined and Exts. A1 to A12 were marked on the side of the claimants. No evidence was adduced by the contesting third respondent. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs.1,41,500/- with interest @ 9% per annum from the date of petition till realization and cost of Rs.1,000/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimants and the counsel MACA 865/2005 3 for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent, driver of the offending vehicle, and that the deceased died as a result of the injuries sustained in the accident are not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.1,41,500/- Break up of the compensation awarded is as under:- Loss of dependency : Rs.1,10,000 Loss of love and affection : Rs. 20,000 Pain and suffering : Rs. 5,000 Loss of estate : Rs. 2,500 Funeral expenses : Rs. 2,000 Ambulance charges : Rs. 2,000 ------------------ Total : Rs.1,41,500 ======== 7. The counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. MACA 865/2005 4 8. The Tribunal took the income of the deceased as Rs.15,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.10,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 11 and awarded a compensation of Rs.1,10,000/- for the loss of dependency. The deceased was aged 20 and he was employed in an Aluminium Fabrication Company drawing a salary of Rs.3,000/- per month, according to the claimants. Taking into consideration the above aspect, we feel that the monthly income of the deceased can reasonably be fixed at Rs.2,500/-, which comes to Rs.30,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.20,000/- can be taken as his monthly contribution to his family. Multiplier of 11 adopted by the Tribunal is not seriously challenged. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.2,20,000/- Thus, the claimants are entitled an additional compensation of Rs.1,10,000/- on this count. As regards the compensation awarded under other heads, we find the same to be reasonable MACA 865/2005 5 and therefore,we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 9. In the result, the claimants are found entitled to additional compensation of Rs.1,10,000/- with interest @ 9% p.a. from the date of petition till realization and proportionate costs. The third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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. mn.