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 8TH OCTOBER 2010 / 16TH ASWINA 1932 MACA.No. 147 of 2006() ---------------------- OPMV.95/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/3RD RESPONDENT: --------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): CLAIMANTS 1 O 4 & RESPONDENTS 1 AND 2 --------------- 1. HASSANKUTTY, S/O. ERAMULLAN, AGED ABOUT 54 YEARS, MANGALODAN HOUSE, ARALAM PO., KANNUR DISTRICT. 2. ASMA, W/O. HASSANKUTTY, AGED ABOUT 44 YEARS, PUTHIYAPURAYIL HOUSE, ARALAM P.O., KANNUR DISTRICT. 3. ZEENATH, W/O. MUJEEB, AGED ABOUT 27 YEARS, DO. 4. P.P. MUNEER, S/O. HASSANKUTTY, AGED ABOUT 23 YEARS, DO. 5. M.S. JAYASEELAN, 13/108, PANDALUR P.O., NELLIYABOM, THE NILGIRIS, TAMILNADU. 6. NARAYANANKUTTY @ RAJAN, S/O. KARUNAKARAN NAIR, AGED ABOUT 33 YEARS, PALLADAMKUNNU HOUSE, P.O. CHULLIYODE, S. BATHERY TALUK, WAYANAD. ADV. SRI.MATHEW KURIAKOSE FOR R5 SRI.V.RAJENDRAN (PERUMBAVOOR) FOR R1 TO R3 SRI.GEORGE VARGHESE KIZHAKKAMBALAM FOR R1 TO R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.147 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the third respondent/Insurance Company in O.P. (MV)No.95/2002 on the file of Motor Accidents Claims Tribunal, Kalpetta, Wayanad. Respondents 1 to 4 in this appeal are the claimants in the O.P. They filed the O.P. under Section 166(1) (c) of Motor Vehicles Act claiming a compensation of Rs. 5,00,000/- for the loss caused to them on account of death of deceased Shamsudheen in a motor accident. Claimant are the father, mother, sister and brother of the deceased. The accident happened while the deceased was walking along the side of the road at Sulthan Bathery town on December 14, 2000 at about 11.15 p.m., he was knocked down by a car bearing Reg.No.TN 01/ D-4297. He sustained serious injuries and he succumbed to the injuries sustained on the next day while undergoing treatment in the Medical College Hospital, Kozhikode. The claimants filed the O.P. against respondents 1 to 3 in the O.P., the owner, driver MACA.No.147/2006 2 and insurer of the offending car alleging negligence against the second respondent in the O.P. , the driver of the car. 2. First respondent in the O.P., the owner of the offending car filed a written statement admitting the accident, but denied the liability. The second respondent, the driver of the offending car remained absent before the Tribunal. The third respondent, the insurer of the offending car filed a written statement admitting the policy of the offending car. 3. PW1 was examined and Exts.A1 to A4 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of second respondent and awarded a compensation of Rs. 3,90,000/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. The third respondent Insurance Company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant/Insurance Company and the counsel for the respondents. MACA.No.147/2006 3 5. The Tribunal awarded a total compensation of Rs. 3,90,000/-. The break-up of the compensation awarded is as under : Transport charges - Rs. 1,400/- Funeral expenses - Rs. 3,000/- Loss of estate - Rs.60,000/- Loss of love and affection - Rs. 40,000/- Loss of dependency - Rs.2,85,600/- 6. The accident is not disputed. The Insurance Company challenged the quantum of compensation awarded by the Tribunal contending that for assessing loss of dependency, the Tribunal took a multiplier of 17 which is excessive as the claimants are the parents, sister and brother of the deceased and as the parents were aged 54 and 44 respectively at the time of the accident. 7. There is no substance in the above contention. The deceased was aged only 22 at the time of the accident. The parents were aged 54 and 44 at the time of the accident. Further, the fourth respondent, the brother of the deceased was aged 23 at the time of the accident. Taking into consideration all these aspects, we feel that the multiplier adopted by the Tribunal is reasonable. MACA.No.147/2006 4 8. There is another aspect in this case. The Tribunal awarded Rs. 60,000/- towards loss of estate which appears to be excessive. In the circumstances of the case, we feel that a compensation of Rs. 30,000/- 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. 9. In the result, respondents 1 to 4/claimants are found entitled to a total compensation of Rs. 3,60,000/- with interest and cost as awarded by the Tribunal. The appellant shall deposit the amount before the Tribunal within a period of two months from the date of receipt of copy of this judgment. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.147/2006 5 MACA.No.147/2006 6