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 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 MACA.No. 1635 of 2005() ----------------------- OPMV.495/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. NARAYANAN, S/O.KUTTAN, KOOTAKAVIL HOUSE, KOZHA, NOW RESIDING AT KOOTAKAVIL HOUSE, CHINGAVANAM. 2. PENNAMMA W/O.NARAYANAN OF DO DO 3. K.N.THANKAPPAN OF DO -- DO- 4. K.N.BALAKRISHNAN OF -DO- -DO 5. K.K.GIRIJA D/O. OF -DO-- 6. K.N.VIJAYAMMA D/O. OF -DO- 7. K.N.SASIKUMAR S/O. OF - DO -- BY ADV. SRI.RAJEEV V.KURUP RESPONDENT(S): RESPONDENTS/RESPONDENTS -------------------------------------- 1. MRS.M.PAPPATHI,D/O.KUTHUSWAMY,L.56/5, ANNANAGAR, KOTTAPPALLI P.O., TIRUCHENGODE, TAMILNADU. 2. N.SELVARAJ, S/O.NALLAGOUNDER, 73-MUNIAPPA PALAYAM MYLASI POST, DO- DO- 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD, KOTTAYAM DIVISION. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1635 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)495/1998 on the file of Motor Accidents Claims Tribunal, Kottayam. They are the parents, bothers and sisters of deceased Shoyeekumar who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated February 17, 2003 awarding a compensation of Rs. 87,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On March 26, 1998 at about 6.30 PM, while the deceased was riding his bicycle along M.C.Road, he was knocked down by a lorry bearing Reg.No.T.N.22 B 3457 driven by the second respondent. 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 second respondent, the claimants filed the OP under Sec.166 of the Motor Vehicles Act MACA.No.1635/2005 2 claiming a compensation of Rs.4,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. Exts.A1 to A7 were marked on the side of the claimants before the Tribunal. No evidence was adduced by 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.87,000/- with interest at the rate of 9% per annum from the date of petition till realisation and a cost of Rs.500/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. 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 MACA.No.1635/2005 3 question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.87,000/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs. 72,000/- Loss of love and affection - Rs. 5,000/- Pain and suffering - Rs. 7,000/- Funeral expenses - Rs. 2,000/- Treatment expenses - Rs. 1,000/- 8. Counsel for the claimants sought enhancement of compensation awarded for the loss of dependency, for loss of love and affection and for pain and suffering endured by the deceased . He pointed out that no compensation was awarded for loss of estate. 9. The Tribunal took the monthly income of the deceased as Rs.1800/- which comes to Rs. 21,600/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 14,400/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 5 and awarded Rs. 72,000/- for the loss of dependency. The deceased was a coolie aged 26 earning a monthly income of Rs.5,000/-, according to the claimants. Taking into consideration the MACA.No.1635/2005 4 above aspect, we feel that the income of the deceased can be reasonably fixed at Rs. 2,500/- per month which comes to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 5 as the parents of deceased were aged 65 and 63 respectively at the time of the accident, which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 1,00,000/- ( 20,000 x 5). Thus on this count, the claimants are entitled to an additional compensation of Rs.28,000/-. 10. For loss of love and affection, Rs. 5,000/- was awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the age of the parents, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.15,000/-. 11. For the pain and suffering endured, Rs. 7,000/- was awarded by the Tribunal which appears to be very low. In the circumstances of the case, we feel that a compensation of Rs. 10,000/- MACA.No.1635/2005 5 would be reasonable on this count. 12. No compensation is seen awarded for loss of estate. In the circumstances of the case, we feel that a compensation of Rs.10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 13. In the result, the claimants are found entitled to an additional compensation of Rs. 56,000/-. They are entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third respondent 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.1635/2005 6 MACA.No.1635/2005 7