IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 MACA.No. 1475 of 2008() ----------------------- OPMV.1635/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANTS /PETITIONERS NO.1 AND 3 TO 7 ----------------------------------------------------- 1. K.V. SREEDEVI AMMA, AGED 61 YEARS, D/O. CHANDUKUTTY 2. K.V. SAVITHRI,B D/O. CHANDUKUTTY, 3. K.VMADHUSOODANAN AGED 39 YEARS, S/O.CHANDUKUTTY. 4. K.V. SHYAM PRASAD, AGED 29 YEARS, S/O.CHANDUKUTTY. 5. K.V.SUDHADEVI, AGED 28 YEARS, S/O. CHANDUKUTTY. 6. K.V. AJAYAKRISHNAN, AGED 28 YEARS, S/O.CHANDUKUTTY. (ALL ARE RESIDING AT SREEDEVI NILAYAM, KOVOOR, P.O . POTTANNUR, KANNUR) BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): RESPONDENT NO:3 ------------------------------ UNITED INDIA INSURANCE CO.LTD., CHOVVA B RANCH, CALTEX JUNCTION, KANNUR. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R1 SRI.P.JACOB MATHEW FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1475 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1635/2002 on the file of the Motor Accidents Claims Tribunal, Thalassery. They are the wife and children of deceased Damodharan Nambiar who died in a motor accident. On April 19, 2002 at about 6 p.m., while the deceased was walking along Irikkur road, he was knocked down by a pick van bearing Reg.No.KRC 5144 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on April 30, 2002. Alleging negligence against the 2nd respondent, driver of the van, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.10,00,000/-. 2. Respondent No.1, the owner of the offending vehicle remained absent before the Tribunal. The second respondent, the driver of the offending van filed a written statement contending that the accident occurred due to the negligence of the deceased. The third MACA.No.1475/2008 2 respondent, the insurer of the offending van filed a written statement admitting the policy. 3. PW.1 was examined and Exts.A1 to A8 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of second respondent and awarded a total compensation of Rs.2,02,800/- 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 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 2nd respondent 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 break up of the compensation amount awarded is as under: MACA.No.1475/2008 3 Loss of dependency - Rs. 1,50,000/- Medical expenses - Rs. 35,000/- Bystander expenses - Rs. 1300/- Transportation - Rs. 2,000/- Funeral expenses - Rs. 2,000/- Loss of estate - Rs. 2,500/- Pain and suffering - Rs. 10,000/- Loss of consortium - Rs. 5,000/- 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency, for loss of consortium and for loss of love and affection. 8. The deceased was aged 68 at the time of the accident. He was a retired teacher getting a monthly pension of Rs. 3,577/- as evidenced by Ext.A8 the pension certificate. The Tribunal took the monthly income of the deceased as Rs.2,500/- and adopted a multiplier of 5 and awarded Rs. 150,000/- for loss of dependency which appears to be reasonable. 9. No amount is seen awarded towards loss of love and affection. Therefore, we feel that a compensation of Rs. 15,000/- would be reasonable towards loss of love and affection. 10. The Tribunal awarded Rs.5,000/- for loss of consortium which appears to be quite inadequate. Taking into consideration the age MACA.No.1475/2008 4 of first claimant widow, we feel that a compensation of Rs.10,000/- for loss of consortium would be reasonable. As regards 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 an additional compensation of Rs. 20,000/-. They are entitled to interest @ 7% per annum from the date of petition till realisation and proportionate cost. The 3rd respondent/respondent herein, 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.1475/2008 5