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 5TH APRIL 2011 / 15TH CHAITHRA 1933 MACA.No. 411 of 2009() ---------------------------------- OP(MV)NO .273/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S)/ CLAIMANTS ------------------------------------------- 1. KADYAMAKUTTY, W/O. SAIDALU, UNNIYALUKKAL HOUSE, THIRUNAVAYA AMSOM DESOM, TIRUR TALUK. 2. SAIDALU, S/O. KUNHALIKUTTY HAJI, UNNIYALUKKAL HOUSE, THIRUNAVAYA AMSOM DESOM, TIRUR TALUK. 3. SULAIKHA E.V., W/O.LATE ABDUL BASHEER, UNNIYALUKKAL HOUSE, THIRUNAVAYA AMSOM DESOM, TIRUR TALUK. 4. JASNA,D/O. D/O. LATE ABDUL BASHEER, UNNIYALUKKAL HOUSE, THIRUNAVAYA AMSOM DESOM, TIRUR TALUK. BY ADV. SRI.A.KRISHNAN RESPONDENT(S)/ RESPONDENTS ------------------------------------------------- 1. ABDUL KHADER K., S/O.MOHAMMADALI, KUZHIPPAYIL HOUSE, THEKKUMMURI P.O., TIRUR , MALAPPURAM DIST. 2. NATIONAL INSURANCE CO. LTD., 2ND FLOOR, 169 ANNASALAI, CHENNAI. R1 BY ADV. SRI.JAMSHEED HAFIZ SRI.VINOD RAVINDRANATH R2 BY ADV. SRI.JOE KALLIATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 411 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 5th day of April, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.273/2006 on the file of the Motor Accidents Claims Tribunal, Tirur. They are the parents, wife and daughter of deceased Abdul Basheer who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated April, 24, 2008 awarding a compensation of `4,00,000/- for the loss caused to them on account of the death of Abdul Basheer in that accident. 2. The accident occurred on September 16, 2005 at Siddique Nagar in Mysore. While deceased Abdul Basheer was travelling in a car bearing registration No.KL-10/T 546, first respondent, the driver of the car, lost control and the car overturned. Abdul Basheer sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence MACA 411/2009 2 against the first respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of ` 20,00,000/-. 3. The first respondent, the owner-cum-driver of the car, filed a written statement admitting the accident, but denied the liability. The second respondent, the insurer of the car, filed a written statement contending that the deceased was a gratuitous passenger of the car and that therefore the Insurance Company is not liable to indemnify the first respondent. Exts. A1 to A12 were marked on the side of the claimants. Ext.B1 was marked on the side of the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the first respondent, that Ext.B1 the policy covers the risk of death of a passenger of the car and awarded a compensation of ` 4,00,000/- with interest @ 6% per annum from the date of petition till realization and a cost of ` 4,000/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the MACA 411/2009 3 Tribunal. 4. Heard the counsel for the claimants and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent, driver of the car, and that the deceased died as a result of the injuries sustained in the accident are not challenged in this appeal. The finding of the Tribunal that Ext.B1 policy covers the risk of the passenger in the car is not disputed. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of `4,00,000/-. Break up of the compensation awarded is as under:- Transport to hospital : ` 2,500 Pain and suffering : ` 10,000 Loss of dependency : `3,60,000 Loss of consortium and : ` 25,000 loss of love and affection. Funeral expenses : ` 2,500 ------------------ MACA 411/2009 4 Total : ` 4,00,000 ======== 7. The counsel for the appellants/claimants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 8. The Tribunal took the monthly income of the deceased as ` 3,000/- and after deducting 1/3rd for his personal expenses, balance amount of `2,000/- was taken as his monthly contribution to his family. The Tribunal adopted multiplier of 15 and awarded a compensation of ` 3,60,000/- for the loss of dependency. The deceased was aged 44 at the time of the accident. He was employed as a Purchase Executive in U.A.E. earning 3000 Dhirhams as revealed from Ext.A12 certificate issued by his employer. Ext.A10 is his pass port. It shows that he is employed abroad. Further, the claimants produced his bank account statement Ext.A8. It is seen from Ext.A8 that more than `10,000/- per month was deposited in the account of the deceased. That apart several amounts were also seen deposited in the account of MACA 411/2009 5 third claimant, the widow as seen from Ext.A9. Taking into consideration all these aspects, we feel that the monthly income of the deceased can reasonably be fixed at ` 10,000/-, which comes to ` 1,20,000/-. per annum. After deducting 1/3rd for his personal expenses, balance amount of `80,000/- can be taken as his annual contribution to his family. Multiplier of 15 adopted by the Tribunal is not seriously challenged. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of ` 12,00,000/-. Thus, the claimants are entitled an additional compensation of ` 8,40,000/- 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. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 9. In the result, the claimants are found entitled to additional compensation of ` 8,40,000/- with interest @ 7.5% p.a. from the date of petition till realization and MACA 411/2009 6 proportionate costs. The second respondent being the insurer of the offending car 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. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.