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 18TH MARCH 2010 / 27TH PHALGUNA 1931 MACA.No. 2115 of 2005() ----------------------------------- OPMV.898/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONERS ----------------------- 1. THOMAS, S/O.LATE.JOSEPH, RESIDING AT CHAVANATTU HOUSE, POTTANKAD, CHITHIRAPURAM, IDUKKI DISTRICT. 2. DEVASSIA, S/O.JOSEPH, RESIDING AT PARAMBATHUMPADY HOUSE, THIRUVANIYOOR, PIRAVOM. 3. SHERLY, W/O.VICTOR @ LAWRANCE, RESIDING AT NO.10, 11-CROSS LOURDE NAGAR, KANNAVAPETT, VILLIANUR, PONDICHERY. 4. MARYKUTTY, W/O.JOSEPH @ JIMMY, RESIDING AT PUTHENPURACKAL HOUSE, KALLIMALI KARA, RAJAKKAD VILLAGE. 5. LUSSY, W/O.BIJU @ JOSEPH, PUNNAPLACKAL, PANICKENKUDY, KONNATHADY, VILLAGE. 6. ROSAMMA, D/O.JOSEPH, RESIDING AT CHAVANATTU HOUSE, POTTANKAD, CHITHIRAPURAM, IDUKKI DISTRICT. 7. CICILY, D/O.JOSEPH, RESIDING AT CHAVANATTU HOUSE, POTTANKAD, CHITHIRAPURAM, IDUKKI DISTRICT. BY ADV. SMT.ANNIE PAUL M.A.C.A. NO.2115/2005 RESPONDENT(S): ----------------------- 1. SMT.MANI, W/O.SCARIA, PURUTHETTU HOUSE, PUTTADY.P.O, VANDANMEDU, IDUKKI. 2. SABU.K.B, S/O.BABY, KOCHUPURACKAL HOUSE, POTTANKAD.P.O, IDUKKI DISTRICT. 3. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD., MUVATTUPUZHA. R2 BY ADV. SRI.P.V.BABY R3 BY ADV. SRI.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 2115 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 18th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV) No.898 of 2001 of Motor Accidents Claims Tribunal, Muvattupuzha challenges the award of the Tribunal dated April 30, 2005, awarding a compensation of Rs.96,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these :- The claimant was a lady, aged 58 at the time of the accident. She was a casual labour and earning Rs.4,000/- per month, according to her. On March 14, 2001 while the claimant was walking along the Baisonvally - Kunjithanni road, she was knocked down by an auto-rickshaw bearing registration No. KL-7X 2589, driven by the second respondent. The claimant sustained serious injuries. MACA 2115/2005 2 According to her, accident occurred due to the rash and negligent driving of the offending auto-rickshaw by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending auto-rickshaw are jointly and severally liable to pay compensation to the claimant. 3. During the pendency of the Original Petition, the claimant died and her legal representatives were impleaded as additional petitioners 2 to 9. 4. Respondents 1 and 2, the the owner and driver of the offending auto-rickshaw remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending auto-rickshaw filed a written statement, admitting the policy. 5. Exts.A1 to A 13 were marked on the side of the claimant before the Tribunal. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.96,000/-. The petitioners have now come up in appeal challenging the quantum of compensation awarded by the MACA 2115/2005 3 Tribunal. 6. Heard the counsel for the appellants and the counsel for third respondent, Insurance Company. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation ? 8. The Tribunal awarded a total compensation of Rs.96,000/-. The break up of the compensation awarded is as under : Loss of earning : Rs.4,000/- Transportation expense : Rs.1,500/- Damage to clothe : Rs.500/- Extra nourishment : Rs.3,000/- Treatment expenses : Rs.R.48,000/- By-stander's expense : Rs.4,000/- Pain and sufferings : Rs.25,000/- Loss of amenities and : Rs.10,000/- enjoyment in life. -------------------- Total : Rs.96,000/- ======== MACA 2115/2005 4 9. Ext.A6 is the copy of the wound certificate issued from Morning Star Medical Centre, Adimaly, which would show that the claimant has sustained small lacerated wound right parieto occipital region and lacerated wound 1 x 5 c.m. on the index finger exposing MP joint. The claimant was unconscious, while she was referred to M.B.M.M. Hospital, Kothamangalam. Ext.A7 is the copy of the treatment certificate issued from the M.B.M.M. Hospital. It shows that the claimant has suffered head injury intracerebral haematoma left temporal lobe, left subdural haematoma, subarachnoid haemorrhage (left parietal region) cerebral oedima. She was discharged from the hospital 3-4-2001. A certificate issued from St. Xavier's Hospital, Ellakkal is made available to us for perusal. It shows that she was admitted in the hospital on 17-4-2001 and even at that time she was unconscious. Subsequently, she died on June 30, 2001 while undergoing treatment at Morning Star Medical Centre, Adimaly. Ext.A9 is the death certificate. MACA 2115/2005 5 10. The learned counsel for appellants submitted that as during the pendency of the petition, the claimant died due to the injury sustained, the Tribunal ought to have awarded a compensation for loss of dependency also especially, in view of the fact that no compensation was awarded for the alleged disability caused. There is force in the above contention. 11. It is not seriously disputed that the deceased died as a result of the injury sustained. Therefore, the appellants, the legal heirs of the deceased , has entitled to compensation for the loss of dependency. The Tribunal assessed the monthly income of the deceased as Rs.1,500/-. Taking into consideration the fact that the deceased was an agricultural labour, her monthly income can be reasonably estimated at Rs.2,000/-. As she was aged 58 at the time of her death, multiplier 5 would be reasonable. Thus, for the loss of dependency, the appellants are entitled to a compensation of Rs.1,20,000/- (Rs.2,000/- x 12 x 5). Therefore, in addition to the compensation of Rs.96,000/- MACA 2115/2005 6 awarded by the Tribunal, the appellants are entitled to an additional compensation of Rs.1,20,000/- for the loss of dependency. 12. Thus, the appellants are entitled to additional compensation of Rs.1,20,000/-. They are entitled to interest at 9% p.a. from the date of petition till realization and proportionate costs. The third respondent being the insurer of the offending auto-rickshaw, shall deposit the amount before the Tribunal within two months form the date of receipt of copy of this judgment. The award of the Tribunal is modified to the above extent. The appeal is disposed of as above. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.