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 28TH MARCH 2011 / 7TH CHAITHRA 1933 MACA.No. 2044 of 2007() ----------------------------------- OPMV.740/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): /PETITIONERS --------------------------------------------- 1. MUNIYAMMA @ SELVI, W/O LATE MURUKAN, PARAPPURAM HOUSE, POTHUPARA, NOW RESIDING AT PATHIPPALLIL HOUSE, POOVARANI P.O., MEENACHIL TALUK. 2. ANEESH(MINOR)D.O.B. 1.9.1989 REPRESENTED BY NEXT FRIEND AND GUARDIAN, MUNIYAMMA, RESIDING AT PATHIPPALLIL HOUSE, POOVARANI P.O., MEENACHIL TALUK. 3. AJITHA(MINOR)D.O.B. 25.10.1991, REPRESENTED BY NEXT FRIEND AND GUARDIAN, MUNIYAMMA, RESIDING AT PATHIPPALLIL HOUSE, POOVARANI P.O., MEENACHIL TALUK. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. BINU P.JOHN, S/O JOHN, PEROTHU HOUSE, MEENADAM VILLAGE, DO. KARA, KOTTAYAM. 2. THE MANAGING DIRECTOR, THE NILGIRI TEA ESTATE, P.B.NO.1, KOTTAYAM. 3. THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY DIVISIONAL MANAGER,KOTTAYAM. R1 BY ADV. SRI.LATHEESH SEBASTIAN R2 BY ADVS.SRI.JOSEPH KODIANTHARA, SRI.MATHEWS K.UTHUPPACHAN. R3 BY ADVS. SRI.RAJAN P.KALIYATH, SMT.ANUSHA RAMACHANDRAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 2044 OF 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 28th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.740 of 2006 on the file of the Motor Accidents Claims Tribunal, Pala. They are the wife and children of Murukan who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated May 11,2007 awarding a compensation of ` 3,04,150/- for the loss caused to them on account of the death of Murukan in that accident. 2. The accident occurred on April 13, 2006 at about 4 p.m. at Pallikunnu. While the claimant was riding a motor cycle bearing registration No.TAU-8933 along Ashley Estate Road, he was knocked down by a jeep bearing registration No.KL-5/A-139, driven by the first respondent. Alleging negligence against the first respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of ` 8,00,000/- MACA 2044/2007 2 3. Respondents 1 and 2, the drover and the owner of the offending jeep, remained absent before the Tribunal. The third respondent, insurer of the offending jeep, filed a written statement admitting the policy. Exts. A1 to A7 were marked on the side of the claimants. 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 ` 3,04,150/- with interest @ 7.5% per annum from the date of petition till realization and cost of ` 7,600/-. 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 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 first respondent, driver of the offending jeep, and that the deceased died as a result of the injuries sustained in the accident are not challenged in this appeal. Therefore, the MACA 2044/2007 3 only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of `3,04,150/-. Break up of the compensation awarded is as under:- Transport to hospital : ` 2,000 Medical expenses : ` 3,150 Funeral expenses : ` 3,000 Pain and suffering : ` 10,000 Loss of love and affection : ` 15,000 Loss of consortium : ` 15,000 Loss of dependency : `2,56,000 ------------------ Total : `3,04,150 ======== 7. The counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and loss of love and affection. 8. The Tribunal took the monthly income of the deceased as ` 2,000/-, which comes to Rs.24,000/- and after deducting 1/3rd for his personal expenses, balance amount of ` 16,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 16 and awarded MACA 2044/2007 4 a compensation of ` 2,56,000/- for the loss of dependency. As the deceased was working as an Estate Supervisor earning Rs.3,750/- per annum, as evidenced by Ext.A7 certificate, we feel that his monthly income can reasonably be fixed at Rs.3,250/-, which comes to ` 39,000/-. After deducting 1/3rd for his personal expenses, balance amount of ` 26,000/- can be taken as his monthly contribution to his family. Multiplier of 16 adopted by the Tribunal is not seriously challenged. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of `4,16,000/- (`26,000/- x 16). Thus, the claimants are entitled an additional compensation of `1,60,000/- on this count. 9. The Tribunal awarded Rs.15,000/- for the loss of love and affection, which appears to be very low. Having regard to the age of the deceased and the claimants, we feel that a compensation of ` 20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and MACA 2044/2007 5 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. 10. In the result, the claimants are found entitled to additional compensation of `1,65,000/- with interest @ 7.5% p.a. from the date of petition till realization and proportionate costs. The third respondent, the insurer of the offending jeep, 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.