IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 MACA.No. 1963 of 2010() ----------------------- OPMV.1153/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONERS 1,2 AND 4 IN OP(MV) --------------------------------------------- 1. SEBASTIANOSE, S/O.OUSEPH, PARAMBI HOUSE, ERNAKULAM, NOW RESIDING AT C/O.GEORGE, THEETHAI HOUSE, AMBALLUR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. BEENA, W/O.SEBASTIANOSE, PARAMBI HOUSE, ERNAKULAM, NOW RESIDING AT C/O.GEORGE, THEETHAI HOUSE, AMBALLUR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. ANAMIKA (MINOR), AGED 4 YEARS, D/O.SEBASTIANOSE, PARAMBI HOUSE, ERNAKULAM, NOW RESIDING AT C/O.GEORGE, THEETHAI HOUSE, AMBALLUR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. REPRESENTED BY HER NEXT FRIEND AND GUARDIAN MOTHER 2ND APPELLANT BEENA. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 1 TO 3 IN OP(MV) ------------------------------------------- 1. MONI JOY, W/O.JOY, THEETHAI HOUSE, 10/339, VATTANATHARA.P.O., PACHALIPURAMKARA. 2. JOY, S/O.GEORGE, THEETHAI HOUSE, 10/339, VATTANATHARA.P.O., PACHALIPURAMKARA. 3. UNITED INDIA INSURANCE CO.LTD., CHALAKUDY, THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1963 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1153/2006 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the parents and sister of deceased Benwin who died in a motor accident. On May 6, 2006 at about 1 p.m., while the deceased was travelling in an autorickshaw bearing Reg.No.KL 8/Q 2807 along Thrissur- Ernakulam sector of NH 47 and reached at Karukutty Check post, it dashed against a goods vehicle bearing Reg.No. MH-11/M 4107 parked on the side of the road. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on the same day. Alleging negligence against the driver of the autorickshaw, respondent No.2, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.3,36,500/-. 2. First respondent is the owner of the offending autorickshaw. MACA.No.1963/2010 2 Fourth respondent in the O.P. is the owner-cum-driver of the goods vehicle involved in the accident. Third respondent is the insurer of the offending autorickshaw. Respondents 1, 2 and 4 remained absent before the Tribunal. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy of the autorickshaw. 3. Exts.A1 to A13 were marked on the side of the claimants before the Tribunal. Exts.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.2,15,900/- 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 the counsel for the appellants/claimants and the counsel for 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 MACA.No.1963/2010 3 driver of the autorickshaw 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 Tribunal awarded a total compensation of Rs.2,15,900/-. The break up of the compensation amount awarded is as under: Medical and Miscellaneous exp. - Rs. 6,900/- Transportation expenses - Rs.1,000/- Funeral expenses - Rs. 3,000/- Pain and suffering - Rs. 5,000/- Loss of dependency - Rs.1,80,000/- Loss of love and affection - Rs. 20,000/- 7. The Counsel for the claimants sought enhancement of compensation for the loss of dependency. 8. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3 for his personal expenses, the balance amount of Rs. 12,000/- was taken was his annual contribution to his family. The Tribunal adopted a multiplier of 15 and awarded Rs. 1,80,000/- for the loss of dependency. Taking into consideration the fact that deceased was a boy aged 11, we feel that the compensation awarded by the Tribunal for loss of dependency and on other heads are just and reasonable. It follows that the claimants are MACA.No.1963/2010 4 not entitled to any enhanced compensation. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1963/2010 5