IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 MACA.No. 1739 of 2008() ----------------------- OPMV.100/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT/3RD RESPONDENT:- ---------------------------------------- THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANYLTD., THOPPUMPADY BRANCH, COCHIN. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): PETITIONERS --------------- 1. PRASANN KUMARI, D/O LEKSHMI KUTTY, PATTATHUVILA HOUSE, PATTATHANAM, KADAPPAKKADA POST, VADAKKEVILA VILLAGE,KOLLAM. 2. RAHUL R. (MINOR), S/O LATE SRI.REJESEKHARAN, DO... 3. PRIYA (MINOR) D/0 LATE SRI. RAJASEKHARAN DO.. 4. SRI. RAGHAVAN V., S/O VELAYUDHAN, HARI MANDIRAM, PANTHARANDU MURI, THATTAMALA POST, ERAVIPURAM VILLAGE,KOLLAM. 5. SMT. DEVAYANI, D/O KESAVAN, HARI MANDIRAMDO.... ADV. DR.K.P.SATHEESAN FOR R1 TO 5 SRI.K.K.GOPINATHAN NAIR FOR R1 TO 5 SRI.M.R.JAYAPRASAD FOR R1 TO 5 SRI.P.MOHANDAS (ERNAKULAM) FOR R1 TO 5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1739 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2010 JUDGMENT Barkath Ali, J. This appeal is by the third respondent, Insurance Company, in O.P.(MV)No.100/2002 of Motor Accidents Claims Tribunal, Kollam. The appellant challenges the award of the Tribunal dated December 6, 2007 granting a compensation of Rs. 9,41,499/- to the claimants for the loss caused to them on account of the death of one Rajasekharan in a motor accident. 2. The facts in brief are these : The claimants are the wife , two minor children and parents of deceased Rajasekharan. Rajasekharan was a business man aged 47 and was earning Rs. 12,000/- per month. On August 14, 2001 at about 2.35 p.m. while the deceased was riding his motor cycle bearing Reg.No. KEE/3360 west to east along Kollam-Schencotta National Highway and reached near II Mile Stone, a mini lorry bearing Reg.No. KL 7AB/7048 driven by the second respondent and owned by the first respondent came at a high speed from the opposite side and knocked MACA.No.1739/2008 Page numbers him down. Rajasekharan sustained serious injuries and he succumbed to the injuries while undergoing treatment at Medical College Hospital on September 14, 2001. According to the claimants, the accident occurred due to the negligence on the part of the second respondent. First respondent as the owner and second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimants. The claimants claimed a compensation of Rs. 15 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending mini lorry remained absent and were ex parte before the Tribunal. The third respondent, insurer of the offending vehicle, filed written statement admitting the policy, but contending that the accident occurred due to the negligence on the part of the deceased. 4. PWs 1 to 4 were examined and Exts.A1 to A12 series were marked on the side of the claimants. Exts.X1 and X2 series , income tax return of the deceased was also marked on the side of the claimants. No evidence was adduced by the contesting third respondent. 5. On an appreciation of evidence, the Tribunal granted a MACA.No.1739/2008 Page numbers compensation of Rs. 9,41,499/- to the claimants. The Insurance Company has now come up in appeal contending that the compensation granted is excessive. 6. Heard learned counsel for the appellant/Insurance company and counsel for respondents 1 to 5, the claimants. 7. The counsel appearing for the appellant Insurance company mainly disputed the multiplier adopted by the Tribunal in assessing the loss of dependency. The Tribunal awarded the compensation as follows : Transport Expenses -Rs. 1,500/- Damage to clothing -Rs. 500/- Funeral Expenses -Rs. 5,000/- Extra nourishment -Rs. 3,000/- Medical Expenses -Rs. 18,500/- Bystander's expenses -Rs. 3,000/- Pain and sufferings -Rs. 15,000/- Loss of consortium -Rs. 25,000/- Loss of dependency -Rs.8,39,999/- Loss of love and affection -Rs. 20,000/- Loss of estate -Rs. 10,000/- ------------------ Rs. 9,41,499/- ========== 8. The Tribunal assessed the income of the deceased as Rs. 7000/- per month and after deducting 1/3 for his personal expenses MACA.No.1739/2008 Page numbers and adopting a multiplier of 15, awarded a compensation of Rs. 8,39,999/- towards loss of dependency. According to the claimants, deceased was aged 40 at the time of the accident. As no document was produced to prove the age of the deceased, the Tribunal took the age of deceased as 45 years. But the Tribunal taking into account the fact that the first claimant, the wife of the deceased, was aged 40 took the multiplier as 15. But it is seen from the Second Schedule of Motor Vehicles Act, the multiplier that can be adopted for age group 45 to 50 is 13. The Apex Court has also held in Sarala Varma v. Delhi Transport Corporation and another (2009(6)SCC 121) that the proper multiplier to be adopted for the said age group is 13. Therefore, adopting the said multiplier and after deducting 1/3 for his personal expenses, the loss of dependency works out to Rs. 7,28,000/- ( 7000 x 12 x 13). Regarding the compensation awarded by the Tribunal on other heads appears to be reasonable. Thus, the award passed by the Tribunal is modified to the extent that claimants are entitled to a total compensation of Rs. 8,29,500/-. They are entitled to interest @ 9% per annum from the date of petition MACA.No.1739/2008 Page numbers till realisation and proportionate costs. The appellant is directed to deposit the same before the Tribunal within two months from the date of receipt of a copy of this judgment. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1739/2008 Page numbers