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 8TH OCTOBER 2010 / 16TH ASWINA 1932 MACA.No. 2923 of 2009() ----------------------- OPMV.2265/2004 of PRINCIPALMOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONERS: -------------------------- 1. GOWRI, AGED 47 YEARS, WIFE OF LATE SREENU, SRAMBI PARAMBIL, ATHANIKKAL BEACH, WEST HILL P.O., KOZHIKODE. 2. LIJI, AGED 27 YEARS, DAUGHTER OF LATE SREENU, SRAMBI PARAMBIL ATHANIKKAL BEACH, WEST HILL P.O., KOZHIKODE. 3. DHANYA, AGED 25 YEARS, DAUGHTER OF LATE SREENU, SRAMBI PARAMBIL, ATHANIKKAL BEACH, WEST HILL P.O., KOZHIKODE. 4. PAPPIYA, AGED 23 YEARS, DAUGHTER OF LATE SREENU, SRAMBI PARAMBIL, ATHANIKKAL BEACH, WEST HILL P.O., KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS --------------- 1. EDWIN SIMON, SON OF V.S.SIMON, REJI VILLA, EAST NADAKKAVU, KOZHIKODE. 2. M/S.NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE NO.II, NOOR COMPLEX, KOZHIKODE. ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2923 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)2265/2004 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. They are the widow and children of deceased Sreenu, who died in a motor accident. On July 8, 2004, while deceased Sreenu was travelling in an autorickshaw, it collided head on with the car bearing Reg.No.KL-11- R-2557. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on July 13, 2004. Alleging negligence against the driver of the car, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.6,00,000/-. 2. First respondent, the owner of the offending car remained absent before the Tribunal. The second respondent, the insurer of the offending car filed a written statement admitting the policy of the car. 3. Exts.A1 to A7 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting second respondent. On an appreciation of evidence the Tribunal found MACA.No.2923/2009 2 that the accident occurred due to the negligence of the driver of the car and awarded a total compensation of Rs.2,91,000/- with interest at the rate of 7% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellants/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 on the part of the driver of the car is 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 Rs.2,91,000/-. The break up of the compensation amount awarded is as under: Dependency - Rs. 2,60,000/- Consortium - Rs. 10,000/- Pain and suffering - Rs. 10,000/- Medical exp. - Rs. 5,000/- Incidental charges - Rs. 2,000/- Transportation - Rs. 1,500/- Funeral exp. - Rs. 2,500/- 7. The Counsel for the claimants sought enhancement of the compensation for the loss of dependency and for pain and suffering MACA.No.2923/2009 3 endured by the deceased . It is pointed out by the counsel that no compensation was awarded for the loss of love and affection by the Tribunal. 9. The Tribunal took the monthly income of the deceased as Rs.3,000/-, adopted a multiplier of 13 and awarded Rs. 2,60,000/- for the loss of dependency. According to the claimants, deceased was a Fisherman earning Rs. 6,000/- per month. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs.3,250/- which comes to Rs. 39,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 26,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 13 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,38,000/- ( 28,000 x 17). Thus on this count, the claimants are entitled to an additional compensation of Rs.78,000/-. 10. The Tribunal did not award any amount for loss of love and affection. Taking into consideration the age of the claimants, we feel that a compensation of Rs.25,000/- would be reasonable on this count. 11. For the pain and suffering endured, Rs. 10,000/- was MACA.No.2923/2009 4 awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the fact that deceased died only after five days of the accident, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 1,08,000/-. They are entitled to interest @ 7% per annum from the date of petition till realisation and proportionate cost. The second respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. 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 sv. MACA.No.2923/2009 5