IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 MACA.No. 65 of 2005() --------------------- OPMV.1558/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANTS/PETITIONERS: -------------------------------------------- 1. KAMAL K.M., S/O. MUHAMMED KUNJU, AGED 50 YEARS, RESIDING AT KIZHUKKAVIL HOUSE, VELLOORKUNNAM, VELLOORKUNNAM VILLAGE,MUVATTUPUZHA. 2. RAMLA, W/O. KAMAL, AGED 46 YEARS, RESIDING AT KIZHUKKAVIL HOUSE, VELLOORKUNNAM, VELLOORKUNNAM VILLAGE,MUVATTUPUZHA. 3. SURMIMOL, D/O. KAMAL, AGED 19 YEARS, RESIDING AT KIZHUKKAVIL HOUSE, VELLOORKUNNAM, VELLOORKUNNAM VILLAGE,MUVATTUPUZHA. BY ADVS. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SMT.A.S.BEENU, SRI.M.V.BIPIN. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. P.K.AHAMMED SHAFI, MOOTHEDATHUPUTHENPURA HOUSE, PURAYOOR DESOM,ALUVA. 2. SAREESH C.V., S/O. VELAYUDHAN, CHATTUPADATHU HOUSE, NAVARASMI NAGAR, NORTH EDATHALA P.O., ALUVA. 3. NATIONAL INSURANCE CO.LTD., SHALIMAR CHAMBERS, P.T.JACOB ROAD, THOPPUMPADY, ERNAKULAM. R3 BY ADVS. SRI.M.A.GEORGE, SMT.DEEPA GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 65 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 22nd day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants, who are the parents and sister of deceased Abeesh, in O.P.(MV) No.1558 of 2001 of the Motor Accidents Claims Tribunal, Muvattupuzha challenge the judgment and award of the Tribunal dated September 30, 2004 awarding a compensation of Rs.1,34,000/- for the loss caused to them, on account of the death of Abeesh in a motor accident. 2. The facts leading to this appeal, in brief, are these:- On July 8, 2001 at about 11 a.m. deceased Abeesh was riding a motor cycle bearing registration No.KL7/AA 3241 from Muvattupuzha to Perumbavoor. One Arif was pillion riding on the motor cycle. When they reached at Keezhillam, a car bearing registration No.KL10/A 2178 came from the opposite direction and dashed against the MACA 65/2005 2 motor cycle. The claimant sustained very serious injuries. He succumbed to the injuries sustained while undergoing treatment in the hospital at about 12.30 p.m. on the same day. The pillion rider also died in the accident. Claimants are parents and sister of the deceased. According to the claimants, the accident occurred due to the negligence on the part of the second respondent, driver of the offending car. The first respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending car are jointly and severally liable to pay the compensation to the claimants. Respondents 4 and 5 are the owner and insurer of the motor cycle. 3. Respondents 1 and 2, owner and driver of the offending car, filed a joint written statement, contending that the accident occurred due to the negligence on the part of the rider of the motor cycle. The third respondent, insurer of the offending car, filed a written statement, admitting the policy. The fourth respondent, owner of the motor cycle, remained absent. The fifth respondent, insurer MACA 65/2005 3 of the motor cycle, filed a written statement, admitting the policy and further contended that the accident occurred due to negligence on the part of the driver of the car, second respondent. 4. This O.P. was jointly tried along with the O.P.(MV) No. 1631 of 2001 filed by the legal heirs of deceased Arif and a common award was passed. 5. Exts. A1 to A13 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the second respondent, driver of the offending car, and awarded a compensation of Rs.1,34,000/- with interest at the rate of 9% p.a. from the date of petition till realization. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the appellants/claimants and the learned counsel for third respondent/Insurance Company. MACA 65/2005 4 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent, driver of the offending car, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation ? 8. The Tribunal awarded a total compensation of Rs.1,34,000/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 1,000/- Funeral expenses : Rs. 3,000/- Pain and suffering : Rs. 5,000/- Loss to the dependents : Rs.1,00,000/- Loss of expectation of life : Rs. 10,000/- Loss of estate : Rs. 15,000/- ------------------ Total : Rs.1,34,000/- ======== 9. The learned counsel for the appellants mainly sought enhancement of compensation awarded by the Tribunal for the loss of dependency. 10. The Tribunal took the annual income of the deceased as Rs.15,000/- and after deducting 1/3 for his MACA 65/2005 5 personal expenses, took Rs.10,000/- as his annual contribution to his family and adopted a multiplier of 10 and awarded a compensation of Rs.1,00,000/- for the loss of dependency. As the deceased was aged 18, we feel that his monthly income can reasonably be estimated at Rs.1,500/-, which works out Rs.18,000/- per annum. After deducting 1/3rd for his personal expenses, the balance amount of Rs.12,000/- can be taken as his annual contribution to his family. The claimants 1 and 2 were aged 47 and 43 respectively at the time of the accident. Deceased was only aged only 18. Therefore, we are of the view that multiplier 14 would be reasonable in this case. Thus, the compensation for the loss of dependency would come to Rs.1,68,000/- (Rs.12,000/- x 14). Thus, the claimants are entitled an additional compensation of Rs.68,000/- 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. 11. In the result, the claimants are found entitled to MACA 65/2005 6 additional compensation of Rs.68,000/- with interest at 9% p.a. from the date of petition till realization. The third respondent/Insurance Company 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. In the result, the appeal is disposed of as above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.