IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 MACA.No. 660 of 2009() ---------------------- O.P.M.V.NO.1171/2005 OF M.A.C.A, MUVATTUPUZHA APPELLANT(S): PETITIONER ------------------------ 1. SYEDUMOHAMMED @ BASHEER, (DIED), SON OF BAVA, AGED 51 YEARS, RESIDING AT THARAKANDATHIL HOUSE, PERUMATTOM, VELLOORKUNNAM VILLAGE. 2. KHADEEJA, WIFE OF SYEDUMOHAMMED, AGED 49 YEARS, RESIDING AT -DO- -DO-. 3. AJIMI, DAUGHTER OF SYEDMOHAMMED, AGED 26 YEARS, RESIDING AT -DO- -DO-. 4. BISMI, DAUGHTER OF SYEDUMOHAMMED, AGED 25 YEARS, RESIDING AT -DO- -DO-. BY ADV. SRI.K.JAJU BABU RESPONDENT(S): RESPONDENTS -------------------------- 1. P.VISWANATHAN, SON OF KRISHNAN NAIR, PADANAYAKATH HOUSE, THIRUVILWAMALA, THALAPPILLI (TALUK), THRISSUR -680 588. 2. BABU.K., SON OF KRISHNAN NAIDU @ THANKAPPAN NAIDU, KATTUKULAM HOUSE, THIRUVILWAMALA THALAPPILLI (TALUK), THRISSUR (DIST) 680 588. 3. UNITED INDIA INSURANCE CO.LTD., OTTAPPALAM, FAISAL BUILDINGS, MAIN ROAD, OTTAPPALAM. 4. ALIYAR, SON OF HASSAN, MOTHEENKUDIYIL HOUSE, PERUMATTOM, PUTHUPPADY P.O., VELLOORKUNNAM VILLAGE, MUVATTUPUZHA. 5. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUNICIPAL SHOPPING COMPLEX, MUVATTUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * M.A.C.A.No.660 of 2009 ---------------------------------------- Dated this the 24th day of March 2009 J U D G M E N T BASANT,J The claimants before the Tribunal are the appellants before us. They claimed compensation for the loss suffered by them on account of the death of the deceased in an accident which took place on 21/4/2005. The deceased was aged 26 years and was employed abroad. His monthly salary according to the claimants was Rs.27,500/- He suffered injuries. On the date of the accident, he was admitted as an in-patient. He succumbed to the injuries on the next day. Claimants are the father, mother and sisters of the deceased. They are aged 48 years, 46 years, 23 years and 22 years respectively on the date of the accident. The tribunal on an anxious consideration of all the relevant circumstances, awarded a total amount of Rs.4,87,000/- as compensation. Interest was directed to be paid @ 10% per annum. The details of the amounts awarded are given below. Medical expenses Rs.36,500/- (against bills produced) Transportation charges Rs.2,500/- Funeral expenses Rs.5,000/- M.A.C.A.No.660/09 2 Bystanders expenses Rs.300/- Damage to clothing and articles Rs.500/- Loss of estate Rs.2,500/- Pain and suffering Rs.10,000/- Loss of love and affection Rs.40,000/- (called emotional loss and awarded separately per claimant) Loss of dependency Rs.3,90,000/- (Rs.2,500/- x 12 x 13) Total Rs.4,87,000/- 2. The appellants claim to be aggrieved by the impugned award. Called upon to explain the nature of the challenge which the appellants want to mount against the impugned award, the learned counsel for the appellants assails the impugned award in so far as it relates to compensation awarded for loss of dependency. The learned counsel for the appellant contends that the multiplicand adopted by the tribunal at Rs.2,500/- per mensum is totally unrealistic. The deceased was employed abroad. His monthly income was Rs.27,500/-. Realistically a higher multiplicand must have been accepted, contends the counsel. M.A.C.A.No.660/09 3 3. We have looked into all the relevant circumstances. We do first of all note that the amounts awarded under the other heads are all satisfactory. We take particular note of the fact that a total amount of Rs.40,000/- has been awarded already as compensation for loss of love and affection - calling the same as emotional loss. 4. The deceased was employed abroad, it is evident. It would be idle to assume that such employment abroad would have continued for all time later. The lucrative employment temporarily at a place abroad is in the very nature of natural events unlikely to have continued for all time. While adopting the multiplicand reasonableness must prevail with the court. Even assuming that the income of the deceased on the date of his death from his employment abroad was much higher, it would be unrealistic to take into account such present income alone for ascertaining loss in future. In these circumstances, we are unable to find fault with the court for not importing the alleged present salary as the multiplicand for the entire period. 5. We also note that though the deceased was unmarried, he was aged 26 years. There is every possibility of his getting married and after marriage at around 28 years, M.A.C.A.No.660/09 4 probable contribution to the parents is likely to fall further. Without taking into account all these circumstances, the tribunal has reckoned the multiplicand at a flat rate of Rs.2,500/- per mensum and has employed multiplier 13 by looking at the age of the father and mother. We are of the opinion that the tribunal has committed no error warranting interference of the impugned award. Multiplier and the multiplicand reckoned in the facts scenario of the case, do appear to be absolutely reasonable and fair. As indicated earlier, we further note that the total amount of Rs.4,87,000/- awarded as compensation with interest at 10% per annum for the parents and the unmarried daughters does appear to us to be absolutely fair and just. No appellate interference is warranted. 6. This appeal is in these circumstances dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.660/09 5 M.A.C.A.No.660/09 6 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009