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 23RD MARCH 2011 / 2ND CHAITHRA 1933 MACA.No. 2319 of 2008() ----------------------------------- OPMV.589/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): 1STPETITIONER:- ------------------------------------------------- SARADA, AGED 40 YEARS, W/O. BALAN, MAVULLI PURATHOOT HOUSE, P.O. MELOOR, MELOOR AMSOM DESOM (MOTHER OF THE DECEASED):- BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): ------------------------- 1. NARAYANAN M,S/O. ANDY, MELATH HOUSE, PANTHALAYANI, KOYILANDY 673 305, (R.C. OWNER OF THE TEMPO TRAX NO.KL.10E.3402) 2. SHYJU K.V. S/O.NIRMALA K.V., KOYANTE VALAPPIL HOUSE, FISHERMEN COLONY, KOYILANDY 673 305, 9DRIVER OF THE TEMPO TRAX NO. KL 10E 3402) DRIVING LICENCE NO.4488/95DB BADGE NO.587/99. 3. THE NEW INDIA ASSURANCE COMPANY LTD., SHAFEER COMPLEX, 6/975D,OPPY.M.C.A., KOZHIKODE 673 001, (INSURER OF TEMPO TRAX NO. KL 10E 3402 POLICY NO.76/300/31/03/03590). (2ND PETITIONER IN OP(MV) IS NOT INTERESTED CONTESTING THE MATTER HENCE HE IS NOT MADE PARTY IN MACA.) R3 BY ADV. SRI.P.G.GANAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------------------------- M.A.C.A.No. 2319 OF 2008 --------------------------------------------- Dated this the 23rd day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.589/2004 on the file of Motor Accidents Claims Tribunal, Vadakara. She is the mother of deceased Raju who died in a motor accident. In this appeal she challenge the judgment and award of the Tribunal dated December 28, 2007 awarding a compensation of Rs.2,36,800/- for the loss caused to her on account of the death of deceased in that accident. 2. The accident occurred on April 2, 2004. While the deceased was traveling in a Tempo Trax bearing registration No.KL-10 E 3402 driven by the 2nd respondent along with Mannarkkad-Palakkad road it collided head on with a lorry. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on April 5, 2004. The appellant as well as the brother of the deceased filed OP before the Tribunal under Section 166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/- alleging negligence against the driver of the MACA.No.2319/2008 -2- Tempo Trax, the second respondent. 3. Respondents 1 and 2, the owner and driver of the offending tempo trax remained absent before the Tribunal. The 3rd respondent, the insurer of the offending tempo trax filed a written statement admitting the policy of the vehicle, but attributed negligence to the driver of the lorry involved in the accident. 4. This OP was jointly tried along with another OP filed by the injured person in the accident and a common awarded was passed by the Tribunal. 5. Exhibits A1 to A15 were marked on the side of the claimants before the Tribunal. Exhibits B1 and B2 were marked on the side of contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.2,36,000/- with interest at the rate of 9% per annum from the date of petition till realisation and a cost of Rs.6,000/- in favour of the first claimant, as she was the only dependent of the deceased. The 1st claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.2319/2008 -3- 6. Heard the counsel for the appellant and the counsel for the Insurance Company. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 2nd respondent 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. 8. The Tribunal awarded a total compensation of Rs.2,36,800/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,92,000/- Funeral expenses - Rs. 2,000/- Transportation expense - Rs. 1,000/- Loss of love and affection - Rs. 25,000/- Pain and suffering - Rs. 15,000/- Transportation to hospital - Rs. 1,000/- Hospital expense - Rs. 800/- -------------------- Total Rs.2,36,800/- ======== 9. Counsel for the claimants sought enhancement of compensation for loss of dependency and on other heads. MACA.No.2319/2008 -4- 10. The Tribunal took the monthly income of the deceased as Rs.2,000/- which come to 24,000/- per annum. After deducting 1/3rd for personal expenses balance amount of Rs.16,000/- per annum was taken as his annual contribution to his family. The Tribunal took the multiplier of 15 as the appellant, the mother of the deceased was aged 42 at the time of accident. For the first 9 years his annual contribution was taken as Rs.16,000/- and for remaining 6 years contribution was taken Rs.8,000/- per annum and the Tribunal awarded Rs.1,92,000/- for loss of dependency. 11. The deceased was a construction workers aged 26 at the time of accident according to the claimants. Exhibit A3 is the identity card issued by the Kerala Building and Other Construction Workers Welfare Board to the deceased. Taking into consideration of the above aspect we feel that his monthly income can be reasonably fixed at Rs.3,000/- which comes to Rs.36,000/- per annum. After deducting 1/3rd for his personal expenses balance amount of Rs.24,000/- per annum can be taken as his contribution to his family. The multiplier of 15 adopted by the Tribunal is MACA.No.2319/2008 -5- not seriously challenged. Thus calculated for the loss of dependency, the appellant is entitled to a compensation of Rs.3,60,000/-. Thus on this count, the appellant is entitled to an additional compensation of Rs.1,68,000/-. 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 appellant is found entitled to an additional compensation of Rs. 1,68,000/-. She is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and for enhanced compensation. The 3rd 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. 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 AMG True copy P.A. to Judge