IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 MACA.No. 879 of 2010() ---------------------- OPMV.685/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): 2ND RESPONDENT IN O.P.(MV): ----------------------------------------------------------------------- M/S.ICICI GENERAL INSURANCE CO.LTD, ZENITH HOUSE,KESAVARAO KHAIDE MARG,MAHALAKSHMY, MUMBAI-400 034,REPRESENTED BY ITS MANAGER. BY ADV. SRI.K.B.RAMANAND RESPONDENT(S): CLAIMANTS AND IST RESPONDENT IN O.P(MV): -------------------------------------------------------------------------------------------------- 1. SUVARNNA,W/O.LATE.RAMESAN, PAYATTUVALAPPIL HOUSE,P.O.QUILANDY,KOTHAMANGALAM DESOM,MAIN ROAD,QUILANDY. 2. KRISHNA,D/O.LATE RAMESAN(MINOR), PAYATTUVALAPPIL HOUSE,P.O.QUILANDY,KOTHAMANGALAM DESOM,MAIN ROAD,QUILANDY.REP.BY MOTHER AND GUARDIAN SUVARNNA. 3. NIMISHA,D/O.LATE.RAMESAN,(MINOR) PAYATTUVALAPPIL HOUSE,P.O.QUILANDY, KOTHAMANGALAM DESOM,MAIN ROAD,QUILANDY. REP.BY MOTHER AND GUARDIAN SUVARNNA. 4. AACHA,W/O.NARAYANAN,PAYATTUVALAPPIL HOUSE,P.O.QUILANDY,KOTHAMANGALAM DESOM, MAIN ROAD,QUILANDY. 5. C.T.SANTHOSH,S/O.LATE BHASKARAN, WHITE FIELD APARTMENTS,FLAT-B,TOCH-H ROAD,VYTTILA, ERNAKULAM-19. R1 TO R3 BY ADVS. SRI.A.RANJITH NARAYANAN, SRI.S.K.SAJU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 879 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 1st day of November, 2010 JUDGMENT Barkath Ali, J. This appeal by respondent No.2 under section 173 of the Motor Vehicles Act is directed against the judgment and award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV) No.685 of 2007 dated September 17, 2009, awarding a compensation of Rs.7,09,000/- for the loss caused to the claimants on account of death of one Ramesan in a motor accident that occurred on April 13, 2007. 2. According to the claimants, the accident happened while the deceased was walking along the road near Methala Mosque at Koyilandy, he was knocked down by a car bearing registration No.KL-7/BE 4775, driven by the 1st respondent. He sustained serious injuries and succumbed to the injuries sustained while undergoing treatment in the Medical College Hospital, Kozhikode on April 17, 2007. Alleging negligence MACA 879/2010 2 against respondent No.1, driver of the car, the claimants filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act, claiming a compensation of Rs.10 lakhs. 3. Respondent No.1, owner-cum-driver of the offending car, filed a separate written statement admitting the accident but denied the liability. Respondent No.2, insurer of the offending car, filed a written statement admitting the policy. 4. The O.P. was jointly tried along with another O.P. filed by another injured person and a common award was passed. PW1 was examined and Exts.A1 to A5 were marked on the side of the claimants. Exts.B1 and B2 were marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 1st respondent and awarded a compensation of Rs.7,09,000/- with interest @ 7.5 % per annum from the date of petition till realization and cost of Rs.5,000/-. Respondent No.2, insurer of the offending car, has come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA 879/2010 3 5. Heard learned counsel for the Appellant Insurance Company and learned counsel for the claimants. 6. The only question, which arises for consideration, is whether the compensation awarded by the Tribunal is excessive or not. 7. The Tribunal awarded a compensation of Rs.7,09,000/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.6,12,000/- Transportation : Rs. 1,000/- Hospital and incidental : Rs. 1,000/- expenses and bystander's expenses. Pain and suffering : Rs. 25,000/- Funeral expenses : Rs. 5,000/- Loss of consortium : Rs. 30,000/- Loss of love and affection : Rs. 40,000/- ------------------ Total : Rs.7,14,000/- ======= 8. Learned counsel for the appellant Insurance Company argued that the compensation awarded by the Tribunal for the loss of dependency is excessive. 9. The Tribunal took the monthly income of the MACA 879/2010 4 deceased as Rs.4,500/- and after deducting 1/3rd for his personal expenses, the Tribunal took balance amount of Rs.3,000/- per month as his contribution to his family, which comes to Rs.36,000/- per annum. The Tribunal adopted a multiplier of 17 and awarded a compensation of Rs.6,12,000/- towards loss of dependency. Taking into consideration the fact that the deceased was a fisherman, aged 34 and that claimants are his wife, two minor children and aged mother, we feel that the compensation awarded by the Tribunal for the loss of dependency is just and reasonable. As regards the compensation awarded by the Tribunal under other heads, we find the same to be reasonable and not excessive. Therefore, we find no merit in this appeal and same is liable to be dismissed . 10. There is another aspect in this case. The total compensation awarded by the Tribunal comes to Rs.714,000/- but the Tribunal mistakenly noted it as Rs.7,09,000/-. Therefore, the amount awarded by the Tribunal is corrected as Rs.7,14,000/-. MACA 879/2010 5 In the result, the appeal is dismissed. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn