IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 MACA.No. 195 of 2009() ---------------------- OPMV.2087/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE APPELLANT(S): PETITIONERS:- -------------- 1. MOIDEEN, THATTARIYIL, ERANHIKKAL, KOZHIKODE. 2. KUNHAMINA, W/O MOIDEEN, ERANHIKKAL, KOZHIKODE. BY ADV. SRI.V.KRISHNA MENON RESPONDENT(S): RESPONDENTS: --------------- 1. KUNHIPARAMBATH SIVADASAN, S/O CHANDUKUTTY, SAROJINI, KUNIPARAMBATH HOUSE, KOTTAYAM MALABAR AMSOM DESOM, KOOTHUPARAMBA, KANNUR DISTRICT. 2. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE-2, P.B.NO.437, RAS BUILDING, SOUTH BAZAR, KANNUR. 3. SAINABA, W/O P.C.BAVA, JISHA HOUSE, PANTHEERANKAVU, KOZHIKODE. 4. P.JAFFER, S/O MOIDEENKUTTY, MINARVA HOUSE, SABNUNA NIVAS, PANTHEERANKAVU, KOZHIKODE. ADV. SRI.K.M.FIROZ FOR R3 & R4 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= M.A.C.A. No. 195 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= Dated this the 15th day of March, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.2087 of 2002 of the Motor Accidents Claims Tribunal, Kozhikode challenge the judgment and award of the Tribunal dated December 13, 2007, awarding a compensation of Rs.2,80,637/- for the loss caused to the claimants, on account of the death of Yaseena in a motor accident. 2. The facts leading to this appeal in brief are these:- Deceased Yaseena was aged 20 at the time of the accident and was married. The first claimant is her husband who is employed abroad. Claimants 2 and 3 are her parents. On October 28,2001 while Yaseena along with others were travellig in a car bearing registration No. KL14-A 8953 from MACA 195/2009 2 Koyilandy to Vengalam and when the car reached near Chemancheri, a bus bearing registration No.KL13 D 3375, came at a high speed from the opposite side and hit against the car. Yaseena sustained serious injuries and succumbed to the injuries on the spot. Respondents 1 and 2 are the owner and insurer of the offending bus and respondents 3 and 4 are the owner and driver of the car. According to the claimants, the accident occurred due to the negligence of the driver of the bus. The claimants claimed compensation of Rs. 5 lakhs. 3. The owner and insurer of the bus filed a separate written statement, admitting the policy and further contending that the accident occurred due to the negligence on the part of the driver of the car. The owner and driver of the car contended that the accident occurred due to the negligence on the part of the driver of the bus. 4. The O.P.(MV) was jointly tried along with other connected cases by the Tribunal. On the side of the claimants Exts.A1 to A3 were marked. No evidence was MACA 195/2009 3 adduced by the respondents. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs2,80,637/- with interest at the rate of 7% p.a. from the date of petition till realization. The Tribunal found that there was also contributory negligence on the part of the driver of the car. The claimants have come up in apepal challenging the award of the Tribunal. 5. Heard the learned counsel for the appellant and learned counsel for respondent Nos.2, 3 and 4. 6. The accident is not disputed. The fact that the accident occurred due to the negligence of both the drivers is not seriously challenged inthis apepal. Therefore, the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.2,80,637/-. The break up of the compensation awarded is as under:- Loss of dependency : Rs.1,87,000/- Loss of expectation in life : Rs.10,000/- MACA 195/2009 4 Pain and suffering : Rs.5,000/- Loss of love and affection : Rs.10,000/- Medical bills : Rs.40,637/- Funeral expenses : Rs.2,000/- Transportation : Rs.1,000/- Death of Foctus : Rs.25,000/- ---------------- Total : Rs.2,80,637/- ======= 8. The learned counsel for the appellants has mainly sought enhancement of compensation awarded for the loss of dependency, pain and suffering and loss of love and affection. The deceased was aged 21 at the time of the accident and was in an advanced stage of pregnancy, which is not seriously disputed. The husband of the deceased, first claimant, was aged 30 and her parents were aged 60 and 55 respectively. The Tribunal took monthly income as Rs.2,000/- and after deducting 1/3rd for her personal expenses, annual contribution to her family was assessed as Rs.16,500/- . The Tribunal adopted multiplier of 17 and awarded Rs.1,87,000/- for the loss of dependency. Taking MACA 195/2009 5 into consideration the fact that the deceased was aged only 21 at the time of the accident, we feel that her monthly income can reasonably be estimated at Rs.3,000/-. After deducting 1/3rd for her personal expenses, her monthly contribution to the family would be Rs.2,000/- p.m. The Tribunal took the multiplier as 17. The learned counsel for the Insurance Company has argued that as the husband was aged 30 and parents aged 60 and 55, only the multiplier 11 ought to have been adopted by the Tribunal. There is no force in the above contention. The deceased was only daughter of her parents. That being so, during their old age she would have looked after them. Further the husband was aged only 30 and she was carrying. Taking into consideration all these aspects, we feel that the multiplier of 17 adopted by the Tribunal is reasonable. Thus, calculated for the loss of dependency the claimants are entitled to a compensation of Rs.4,08,000/-(Rs.2,000/- x 12 x 17). 9. For pain and suffering the Tribunal awarded MACA 195/2009 6 Rs.5,000/- only. The deceased sustained very serious injuries. Further she was carrying. Taking into consideration that aspect, we feel that a compensation of Rs.10,000/- would be reasonable on this count. 10. For loss of love and affection, the Tribunal awarded Rs.10,000/, which appears to be very low. The deceased was the only daughter of her parents. We feel that a compensation of Rs.20,000/- would be adequate on this count. Regarding the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 11. Thus, the claimants are entitled to additional compensation of Rs.1,42,363/-. They are entitled interest @ 9% p.a. from the date of petition till realization and proportionate costs. The second respondent insurer of the bus shall deposit 50% of the amount awarded and respondent 3 and 4 shall deposit the remaining 50% before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is MACA 195/2009 7 modified to the above extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn