IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 MACA.No. 1252 of 2007(B) ------------------------------------- [O.P(MV).NO.2074/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM] .................... APPELLANT/PETITIONER: ------------------------------------- JEROME P.S., AGED 77 YEARS, PANACKAL HOUSE, KOTHADE P.O., ERNAKULAM. BY ADV. SRI.P.M.JOSHI. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. KAREEM, S/O KUNJUMOIDHEEN, AGED ABOUT 42 YEARS, KUDILIL HOUSE, NORTH OF CSIR COMPANY IN CARBORANDUM COMPANY INDUSTRIAL ESTATE, SOUTH KALAMASSERY. 2. A.K.DASAN, KARAVATHUKADU HOUSE, B.M.C. P.O. 3. THE UNITED INDIA INSURANCE COMPANY LTD., UIIC ALUVA BRANCH, R.S.ROAD, ALUVA. R3 BY ADV. SMT.T.C.SOWMIAVATHY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1252 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 1st day of April, 2011 JUDGMENT Barkath Ali, J. Appellant is the first claimant in O.P.(MV) No.2074/1999 on the file of the Motor Accidents Claims Tribunal, Ernakulam. He is the father of Charles who died in a motor accident. In this appeal he challenges the judgment and award of the Tribunal dated November 8, 2006 awarding a compensation of `89,000/- for the loss caused to him on account of the death of his son Charles in that accident. 2. The accident occurred on April 19, 1999 at 5 p.m. at Kolothu Junction at Mattanchery. While deceased Charles was standing on the side of the road, he was knocked down by a bus bearing registration No.KL-7/B 4714, driven by the first respondent. He sustained serious injuries and later he succumbed to the injuries while undergoing treatment in the hospital. Deceased was aged 39 and was working as a MACA 1252/2007 2 Sales Executive in Pen Books at Ernakulam earning Rs.4,000/- per month. Alleging negligence against the first respondent, the first claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of ` 5,00,000/-. One sister of the deceased was subsequently impleaded as Addl. second claimant in the O.P. 3. Respondents 1 and 2, the driver and the owner of the offending bus, remained absent before the Tribunal. The third respondent, insurer of the offending bus, filed a written statement admitting the policy of the vehicle. Exts. A1 to A10 were marked on the side of the claimants. No evidence was adduced by the contesting third respondent. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the first respondent and awarded a compensation of `89,000/- with interest @ 6% per annum from the date of petition till realization and proportionate cost. The first claimant has come up in appeal challenging the quantum of MACA 1252/2007 3 compensation awarded by the 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 offending bus, and that the deceased died as a result of the injuries sustained in the accident are not challenged in this appeal. 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 `89,000/-. Break up of the compensation awarded is as under:- Transportation : ` 1,500 Funeral expenses : ` 2,500 Pain and suffering : ` 5,000 Loss of estate : ` 10,000 Loss of love and affection : ` 10,000 Loss of dependency : ` 60,000 ------------------ Total : ` 89,000 ======== 7. The counsel for the appellants sought enhancement MACA 1252/2007 4 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 `1,500/- and after deducting 1/3rd for his personal expenses, balance amount of `1,000/- per month was taken as his monthly contribution to his family and adopted a multiplier of 5and awarded a compensation of ` 60,000/- for the loss of dependency. According to the claimants, the deceased was employed as a Sales Executive in Pen Books, Ernakulam earning Rs.4,000/- per month. Taking into consideration the above aspect, we feel that the monthly income of the deceased can reasonably be fixed at `3,000/-. After deducting 1/3rd for his personal expenses, balance amount of ` 2,000/- can be taken as his monthly contribution to his family. As the first claimant was aged 70 at the time of the accident, multiplier of 5 adopted by the Tribunal appears to be reasonable. Thus, calculated for the loss of dependency, the first claimant is entitled to a compensation of ` 1,20,000/- (` 2,000/- x 12 x 5). Thus, the MACA 1252/2007 5 first claimant is entitled an additional compensation of `60,000/- on this count. 9. The Tribunal awarded ` 10,000/- for the loss of love and affection and ` 5,000/- for pain and suffering, which appear to be very low. Having regard to the age of the deceased, we feel that a compensation of `25,000/- for loss of love and affection and `10,000/- for pain and suffering endured would be reasonable. 10. The Tribunal awarded `10,000/- for loss of estate. In the facts and circumstances of th case, we feel that a compensation of `15,000/- would be reasonable on this count. 11. The claimant has produced medical bills before the Tribunal to show that he has spent `5,097/- for the treatment of the deceased. Taking into consideration the fact that the deceased died while undergoing treatment in the hospital, we feel that a compensation of `10,000/- would be reasonable towards medical and other miscellaneous expenses. As regards the compensation awarded under MACA 1252/2007 6 other heads, we find the same to be reasonable and therefore,we are not disturbing the same. 12. In the result, the first claimant/appellant is found entitled to an additional compensation of ` 95,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. He is also entitled to proportionate costs. The third respondent being the insurer of the offending vehicle 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.