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 OCTOBER 2010 / 13TH ASWINA 1932 MACA.No. 1426 of 2010() -------------------------------- OPMV.1258/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): CLAIMANTS ------------------------------------------- 1. M.G.ABRAHAM, S/O. GEEVARGHESE, MUTHUKATTU HOUSE, VADASSERY KARA, THRIKKARIYOOR VILLAGE. 2. ANNAMMA ABRAHAM, W/O. ABRAHAM, MUTHUKATTU HOUSE, VADASSERY KARA, THRIKKARIYOOR VILLAGE. 3. NEENA ELDHOSE, W/O.LATE ELDHOSE, MUTHUKATTU HOUSE, VADASSERY KARA, THRIKKARIYOOR VILLAGE. 4. MINOR JOYAL ABRAHAM ELDHOSE, S/O. LATE ELDHOSE, MUTHUKATTU HOUSE, VADASSERY KARA, THRIKKARIYOOR VILLAGE. 5. NIRMAL ELDHOSE, S/O. LATE ELDHOSE, MUTHUKATTU HOUSE, VADASSERY KARA, THRIKKARIYOOR VILLAGE. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. JOY, S/O. VARGHESE, ATHIRAMPUZHA HOUSE, VENGOOR KARA & P.O., VENGOOR VILLAGE. 2. K.V.POULOSE, KALLIKKADAN HOUSE, CHUNAKUZHA P.O., PERUMBAVOOR. 3. NATIONAL INSURANCE CO. LTD., KOLENCHERRY. ADV. SRI.PAUL K.VARGHESE FOR R1 &2 SMT.RAJI T.BHASKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pkk A.K. BASHEER & P.Q. BARKATH ALI, JJ. ----------------------------------------------------- M.A.C.A. No. 1426 OF 2010 ------------------------------------------ DATED THIS THE 5TH DAY OF OCTOBER, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV) No. 1426/2010 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. They are the parents, wife and minor children of deceased Eldhose who died in a motor accident which occurred on April 10, 2005 on the Aluva-Munnar road. Accident happened while the deceased was riding his Jeep bearing registration No. KL-7/T-112, it collided head on with a lorry bearing No. KL-7/Q-4329. The deceased sustained very serious injuries and he succumbed to the injuries sustained on the way to hospital. Alleging negligence against the driver of the offending lorry, the first respondent, the claimants filed the O.P before the Tribunal claiming a compensation of Rs. 6 lakhs against respondents 1 to 3, the driver, owner and Insurer of the offending lorry. 2. Respondents 1 and 2 the driver and owner of the offending vehicle filed written statement admitting the accident but denied M.A.C.A. No. 1426 OF 2010 2 the liability contending that the accident occurred due to the negligence of the deceased. The 3rd respondent, the Insurer of the offending lorry filed a written statement admitting the policy. of the offending vehicle. 3. Exts. A1 to A11 were marked on the side of claimants. On the side of respondents Ext.B1 was marked. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the first respondent and awarded a compensation of Rs. 4,25,405/- with interest at the rate of 7% per annum from the date of petition till June 30,2007 and at the rate of 7.5% per annum thereafter till September 30, 2008 and at the rate of 8% per annum thereafter till realization. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimants and counsel for the respondents. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 1st respondent is not disputed. Therefore, the only question which arise for consideration is whether the claimants are entitled to any M.A.C.A. No. 1426 OF 2010 3 enhanced compensation ? 6. The Tribunal awarded a total compensation of Rs. 4,25,405/-. The break up of the compensation awarded is as under: Loss of dependency : Rs. 3,60,000 Treatment expenses : Rs. 450 Transportation expenses : Rs. 4,000 Damage to clothings : Rs. 250 Pain and suffering : Rs. 8,000 Loss of love and affection : Rs. 20,000 Loss of consortium : Rs. 15,000 Loss of estate : Rs. 2,500 Funeral expenses : Rs. 4,000 Damages to the Jeep : Rs. 11,205 7. Counsel for the claimants sought enhancement of the compensation awarded for loss of dependency, and on other heads. 8. Tribunal took the monthly income of the deceased as Rs.3,000/-. After deducting 1/3 of his personal expenses, took Rs.2000/- per month his contribution and adopted multiplier 15 as the deceased was aged 41 at the time of accident and awarded Rs. 3,60,000/- for loss of dependency. According to the claimants deceased was conducting a Rice Mill and earning more than Rs.6,000/- per month. Ext.A10 is the copy of the licence issued by M.A.C.A. No. 1426 OF 2010 4 Kottappady Grama Panchayat for conducting Rice Mill. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs.3500/- which comes to Rs. 42,000/- per month. After deducting 1/3 of his personal expenses, balance amount of Rs. 28,000/- per annum can be taken as his annual contributions to his family. The 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 Rs.4,20,000/-. Thus, on this count, the claimants are entitled to an additional compensation of Rs. 60,000/-. 9. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 10. In the result, the claimants are found entitled to an additional compensation of Rs. 60,000/-. They are entitled to an interest at the rate of 8% per annum from the date of petition till realization for the enhanced compensation. The 3rd respondent being the Insurer of the offending vehicle shall deposit amount before the Tribunal within two months from the date of receipt of M.A.C.A. No. 1426 OF 2010 5 a copy of this judgment. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. Sd/- A.K. BASHEER JUDGE Sd/- P.Q. BARKATH ALI JUDGE PKK