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 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 MACA.No. 1295 of 2008() ----------------------- OPMV.497/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): PETITIONERS -------------- 1. AMMED, 54 YEARS, S/O.SOOPPEY ALATHOTTATHIL HOUSE, PO.CHERUPURAM, VADAKARA. 2. KADIYA, AGED 48 YEARS, W/O.AMMED, ALATHOTTATHIL HOUSE,PO.CHERUPURAM, VADAKARA 3. SAINABA, 30 YEARS, W/O.LATE MOIDU ALATHOTTATHIL HOUSE, PO.CHERUPURAM VADAKARA 4. KUNHABDULA 27 YEARS, S/O.AMMED ALATHOTTATHIL HOUSE, PO.CHERUPURAM, VADAKARA 5. FIZAL 23 YEARS, S/O.AMMED,ALATHOTTATHIL HOUSE, PO.CHERUPURAM, VADAKARA 6. UMAIFA, 20 YEARS, W/O.IBRAJI, ALATHOTTATHIL HOUSE, PO.CHERUPURAM VADAKARA BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT NO.2 --------------- UNITED INDIA INSURANCE CO.LTD, CITY BRANCH, RAMEEZ ARCADE, O.H.FLY OVER JN., CHEROOTTY ROAD, CALICUT-1 ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1295 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)497/2004 on the file of the Motor Accidents Claims Tribunal, Vadakara. They are the parents, bother and sisters of deceased Afsal who died in a motor accident. On November 27, 2003, while the deceased was travelling in a jeep bearing Reg.No.KL/11 N 4457 from Ernakulam to Kakkuni and when he reached near Potta, it suddenly skid towards right side of the road and at that time a mini lorry came from the opposite side and dashed against the jeep. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the jeep, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. 2. First respondent, the owner of the offending jeep remained absent before the Tribunal. The second respondent, the insurer of the offending jeep filed a written statement admitting the policy of the MACA.No.1295/2008 2 jeep, but denied the liability. 3. This O.P. was tried along with other O.P.s filed by the other injured persons and the legal heirs of other deceased persons and a common award was passed. Exts.A1 to A33 were marked on the side of the claimants before the Tribunal. Exts.B1 and B2 were marked on the side of the contesting second respondent. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.1,80,000/- with interest at the rate of 6% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellants/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 on the part of the driver of the jeep is 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.1,80,000/- The break up of the compensation amount awarded is as under: MACA.No.1295/2008 3 Loss of dependency - Rs.1,52,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 1,000/- Loss of love and affection - Rs. 25,000/- 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency and for pain and suffering endured by the deceased . 8. The deceased was aged 22 at the time of accident. He was a painting contractor earning Rs. 10,000/- per month, according to the claimants. The Tribunal took the monthly income of the deceased as Rs.2000/- and a multiplier of 11. For loss of dependency, the Tribunal awarded Rs. 1,28,000/- for the first eight years after deducting 1/3 for his personal expenses. As the deceased would have got married thereafter half of income was deducted for his personal expenses and the Tribunal awarded Rs.24,000/- for the remaining three years. As the deceased was a painting contractor, we feel that his monthly income can be reasonably fixed at Rs. 3,000/-. After deducting 1/3 for his personal expenses, the balance amount of Rs. 2,000/- can be taken as his monthly contribution to his family. A multiplier of 11 can be adopted in this case. Thus calculated, for the loss of dependency the claimants are entitled to a compensation of Rs.2,64,000/- (2,000 x 12 x MACA.No.1295/2008 4 11). Thus on this count the claimant is entitled to an additional compensation of Rs.1,12,000/- 9. No amount was awarded for the pain and suffering endured by the deceased. Therefore, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 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.1,22,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. The 2nd respondent/respondent herein being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a 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 sv. MACA.No.1295/2008 5 MACA.No.1295/2008 6