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 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 MACA.No. 1565 of 2004() ----------------------- OPMV.408/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, METRO PIAZA, NORTH RAILWAY STATION ROAD, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): PETITIONERS & RESPONDENTS 1 &2 --------------------------------------------- 1. C.RAMAKRISHNA KURUP S/O. CHANDRASEKHARAN NAIR, PUZHAVOOR BHANU BHAVAN, NANTHIYATTUKUNNAM, N.PARAVUR P.O., PARUR TALUK, ERNAKULAM DISTRICT. 2. S.SREEDEVI W/O. RAMAKRISHNAN KURUP, DO. DO. 3. S.SWAPNA W/O. VASUDEVAN, DO. DO. 4. C.MOHANAN S/O. BALAN, CHEKKYARKANDY HOUSE, DHARMADOM P.O., THALASSERY, KANNUR DISTRICT. 5. P.V.GUNAJEEVAN S/O. KRISHNAN, KATTIL PARAMBATH HOUSE, VAYALALAM P.O., ( DELETED) THIRUVANGODU THALASSERY, KANNUR DISTRICT. RESPONDENT NO.5 DELETED AT THE RISK OF THE PETITIONER AS PER ORDER DATED 26-7-2005 IN I.A.NO.2224/2005 ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R1 TO 3 SRI.MATHEWS V.JACOB (PARAVUR) FOR R1 TO R3 SRI.N.T.NANDAKUMAR (PARAVUR) FOR R1 TO R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1565 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the third respondent Insurance Company in O.P.(MV)No.408/2001 on the file of Motor Accidents Claims Tribunal, North Paravur. In this appeal the appellant challenges the judgment and award of the Tribunal dated November 13, 2003 awarding a compensation of Rs. 3,69,000/- to the claimants, who are respondents 1 to 3 in this appeal, for the loss caused to them on account of the death of deceased Syamkumar who died in a motor accident that occurred on March 27, 2001 at about 11.15 a.m. 2. Claimants are the parents and sister of the deceased Syamkumar. The accident happened while the deceased was riding his motor cycle bearing Reg.No.KCF 9444 along Varapuzha-Paravur National Highway. When he reached at KMK Junction, he was knocked down by the mini bus bearing Reg.No.KL-13/A-5841 driven by the second respondent in the O.P. Alleging negligence against the MACA.No.1565/04 2 second respondent in the O.P., the claimants filed the O.P. before the Tribunal claiming a compensation of Rs. 5,00,000/-. 3. Respondents 1 and 2 in the O.P., the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent/appellant, the insurer of the offending bus filed a written statement admitting the policy and further contended that there was also negligence on the part of the deceased. 3. Pws 1 and 2 were examined and Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the third respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent in the O.P. and awarded a compensation of Rs. 3,69,000/- with interest @ 9% 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 claimants. MACA.No.1565/04 3 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent in the O.P. is not seriously challenged in this appeal. Therefore, the only question which arises for consideration is whether the compensation awarded by the Tribunal is excessive. 6. The Tribunal awarded a total compensation of Rs. 3,69,000/- . The break up of the compensation awarded is as under : Transportation - Rs. 2,000/- Damage to clothing - Rs. 1,000/- Funeral expenses - Rs. 5,000/- Treatment expenses - Rs.1,10,000/- Pain and suffering - Rs.10,000/- Loss of love and affection - Rs.25,000/- Loss of dependency - Rs.2,16,000/- 7. Counsel for the appellant argued that the Tribunal took a multiplier of 18 which is on higher side as the deceased was aged 26 at the time of the accident and his parents were aged 56 and 51 respectively and that therefore the Tribunal should have taken a multiplier of 11, only and that the Tribunal awarded interest @ 9% per annum which is also excessive. MACA.No.1565/04 4 8. We find no force in the above contention. The deceased was aged only 26 at the time of the accident. Further he was a graduate in Commerce degree and has studied computer science. Exts.A6 to A8 are the certificates showing the same. Further, the Tribunal though took the probable monthly income of the deceased as Rs.3,000/-, his contribution to the family was taken as only Rs.1,000/-. Under these circumstances, we feel that the multiplier adopted by the Tribunal as 18 is reasonable. The interest awarded by the Tribunal as 9% also appears reasonable in the circumstances of the case. 9. Therefore, we hold that the compensation awarded by the Tribunal is not excessive. That being so, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1565/04 5 MACA.No.1565/04 6