IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 MACA.No. 818 of 2004(B) ------------------------------------ OPMV.1337/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONERS. --------------------------------------------- 1. E.KRISHNAN, AGED 48 YEARS, S/O.CHATHU,EDAYATH HOUSE, KUNNIRIKKA P.O. PATHIRIYAD. 2. O.K.DEVAKI, 42 YEARS, D/O.AMBU NAIR, W/O.KRISHNAN, EDAYATH HOUSE, KUNNIRIKKA P.O. PATHIRIYAD. BY ADVS. SRI.M.SASINDRAN SRI.SREEJITH S.NAIR RESPONDENT(S): RESPONDENTS 1 TO 3. ---------------------------------- 1. T.M.SUJANA, W/O.BALAKRISHNAN, SULABHAM, P.O.CHOVVA, KANNUR. 2. THACHILODY LAKSHMANAN, S/O.KUNHIRAMAN, SHEEJALAYAM, ANJARAKANDY AMSOM DESOM, P.O.ANJARAKANDY. 3. THE ORIENTAL INSURANCE COMPANY LTD., KANNUR. R3 BY ADV. SRI. VPK.PANICKER F THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 818 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 11th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1337 of 1998 on the file of the Motor Accidents Claims Tribunal, Thalassery. They are the parents of Adeep who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated September 5, 2003 awarding a compensation of Rs.1,98,000/- for the loss caused to them on account of the death of Adeep in a motor accident. 2. The accident occurred on May 31, 1997 at about 7 p.m. at Chempad, Anjarakkandy. While deceased Adeep was pillion riding on a scooter bearing registration No.KL-13/C/321, ridden by Roopesh who also died in the accident, he was knocked down by a bus bearing registration No.KL-13-7104, driven by the second respondent. Alleging negligence against the second respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.4,50,000/-. MACA 818/2004 2 3. Respondents 1 and 2, the owner and driver of the offending bus, remained absent and they were set ex parte by the Tribunal. The third respondent, insurer of the offending bus, filed a written statement admitting the policy but attributed negligence to the rider of the scooter. 4. This O.P. was jointly tried along with another O.P. filed by the legal heirs of the rider of the scooter and a common award was passed. PW1 was examined and Exts.A1 to A12 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 second respondent driver of the offending bus and awarded a compensation of Rs.1,98,000/- with interest @ 9% per annum from the date of petition till realization and proportionate costs. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the MACA 818/2004 3 Tribunal that the accident occurred due to the negligence of the second respondent, driver of the offending bus, 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 ? 7. The Tribunal awarded a total compensation of Rs.1,98,000/-. Break up of the compensation awarded is as under:- Funeral expenses : Rs. 3,000 Pain and suffering : Rs. 5,000 Loss of love and affection : Rs. 5,000 Loss of estate : Rs. 5,000 Loss of dependency : Rs.1,80,000 ------------------ Total : Rs.1,98,000 ======== 8. Learned counsel for the claimants sought enhancement of the compensation for the loss of dependency and on other heads 9. The Tribunal took the monthly income of the deceased at Rs.1,500/- and after deducting 1/3rd for his personal expenses MACA 818/2004 4 balance amount of Rs.1,000/- was taken as his monthly contribution to his family, which comes to Rs.12,000/- per annum. The Tribunal adopted a multiplier of 15 and awarded a compensation of Rs.1,80,000/- for the loss of dependency. The deceased was aged only 19 at the time of the accident. Therefore, we feel that his monthly income can reasonably be fixed at Rs.2,000/-, which comes to Rs.24,000/- per annum. After deducting 1/3rd for his personal expenses balance amount of Rs.16,000/- per annum can be taken as his annual contribution to his family. Multiplier adopted by the Tribunal as 15 is not seriously challenged in this appeal. Thus the claimants are entitled to a compensation of Rs.2,40,000/- (Rs.16,000/- x 15) for the loss of dependency. Thus the claimants are entitled to an additional compensation of Rs.60,000/- on this count. 10. The Tribunal awarded Rs5,000/-. for loss of love and affection, which appears to be very low. Taking into consideration the age of the deceased and age of the parents, we feel that a compensation of Rs.15,000/- would be reasonable on this count. As regards the compensation awarded under other MACA 818/2004 5 heads, we find the same to be reasonable and therefore not disturbing the same. Regarding the apportionment and disbursement of the same, the direction of the Tribunal will stand. 11. In the result, the claimant is found entitled to an additional compensation of Rs.65,000/- with interest @ 7.5% per annum from the date of petition till realization and proportionate costs. The third respondent being the insurer of the offending bus is directed to 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 as above. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.