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 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 369 of 2007() ----------------------------- OPMV.42/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANTS/PETITIONERS: --------------------------------- 1. KOOTTALA MOHAMED ALI, AGED 45 YEARS, S/O KUNHALI. 2. KOOTTALA FOUSIYA, AGED 19 YEARS, D/O MOHAMED ALI, 3. KOOTTALA SEENATH, AGED 16 YEARS(MINOR), D/O MOHAMED ALI. 4. KOOTTALA SHAHARBAN, AGED 11 YEARS(MINOR) D/O MOHAMED ALI, (APPELLANTS 3 & 4 REPRESENTED BY FATHER GUARDIAN APPELLANT NO.1. ALL ARE RESIDING AT A.C.BAZAR, P.O.MOONNIYUR, TIRURANGADI TALUK, MALAPPURAM DISTRICT). BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): RESPONDENTS 3 & 6 ---------------------------------------------- 1. THE NATIONAL INSURANCE CO. LTD., PALARIVATTOM BRANCH, MAITHILI MANDIRAM, JANATHA JUNCTION, PALARIVATTOM, COCHIN. 2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, SABKA BUILDING, THAZHEPPALAM, TIRUR(INSURER) (NO RELIEF CLAIMED AGAINST RESPONDENT NOS.1,2,4 & 5 IN OP(MV)42/2003. HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). R1 BY ADV. SRI.RAJAN P.KALIYATH R2 BY ADVS. SRI.P.JACOB MATHEW SRI.MATHEWS JACOB, SENIOR ADVOCATE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K.BASHEER & P.Q. BARKATH ALI, JJ. =============================== M.A.C.A. No. 369 of 2007 ========================= Dated this the 3rd day of January, 2011 J U D G M E N T Barkath Ali, J. The appellants in this appeal under section 173 of the Motor Vehicles Act, are the claimants in O.P.(MV) No.42 of 2003 on the file of the Motor Accidents Claims Tribunal, Tirur. They are the father and sisters of deceased Rahnas, who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated June 29, 2006, awarding a compensation of ` 60,000/- for the loss caused to them, on account of the death of the deceased in that accident. 2. The facts leading to this appeal in brief are these:- The accident happened on July 27, 2000 at about 10.20 a.m. at Palachiramadu. While the deceased, her husband and her mother were traveling in an autorikshaw bearing registration No.KL-10F/1957 from Velimukku to Edarikode, it collided head on with a bus bearing registration No.KL-8/F3852. All the three 2 M.A.C.A. No. 369 of 2007 passengers in the autorikshaw sustained serious injuries and succumbed to the injuries sustained while undergoing treatment in the hospital. The claimants who are the father and three sisters of the deceased filed the O.P. before the Tribunal under section 166 of the Motor Vehicle Act, claiming a compensation of ` 4 lakhs. 3. Respondent nos. 1 to 3 are the driver, owner and insurer of the bus and respondent nos.4 to 6 are the driver, owner and insurer of the autorikshaw involved in the accident. Only respondent nos.3 and 6, the Insurance Companies contested the matter. They filed written statements admitting the policy of the respective vehicles and attributed negligence to the driver of the other vehicle. 4. This O.P. was jointly tried along with other O.P.s filed by the legal heirs of other deceased persons and a common award was passed. PWs.1 to 2 were examined and Exts.A1 to A17 were marked on the side of the claimants. No evidence was adduced by the contesting third respondent. The Tribunal, on an 3 M.A.C.A. No. 369 of 2007 appreciation of the evidence, found that the accident occurred due to the negligence on the part of the first respondent, driver of the bus and awarded a compensation of ` 60,000/- with interest at the rate of 9% p.a. from the date of petition till realization against respondent nos.1 to 3. The claimants have now come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimants and learned counsel for the Insurance Companies. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent, driver of the offending bus, is not challenged in this appeal. 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 ` 60,000/-. The break up of the compensation awarded is as under:- 4 M.A.C.A. No. 369 of 2007 For the death of Rahnas : ` 50,000/- Transport to hospital : ` 2,500/- Pain and suffering : ` 5,000/- Funeral expenses : ` 2,500/- --------------- ` 60,000/- ======== 8. The deceased was a lady aged 18 doing tailoring work according to PW2, her sister and she used to earn ` 100/- per day. Taking into consideration the above aspect we feel that the claimants are entitled to a compensation for the loss of dependency. As the deceased was a tailor, her monthly income can be reasonably fixed at ` 2,500/- which comes to ` 30,000/- per year. After deducting 1/3rd for the personal expenses the balance amount of ` 20,000/- per annum can be taken as her monthly contribution to her family. As the deceased was aged 18, the proper multiplier that can be adopted in this case is 16. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of ` 3,20,000/- (` 20,000/- x 16). Thus on this count the claimants are entitled to additional compensation of ` 2,70,000/-. 5 M.A.C.A. No. 369 of 2007 9. The Tribunal awarded ` 5,000/- for pain and suffering endured and ` 2,500/- towards the funeral expenses incurred, which appears to be reasonable and therefore we are not disturbing the same. 10. Thus, the claimants are found entitled to an additional compensation of ` 2,70,000/-. The claimants are also entitled to interest @ 9% p.a. from the date of petition till realization and 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 before the Tribunal, with notice to the claimants. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE ami/