IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 MACA.No. 21 of 2011(A) ---------------------------------- [O.P(MV).NO.404/2008 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA] .................... APPELLANT/2ND RESPONDENT: ----------------------------------------------- THE ORIENTAL INSURANCE CO.LTD,KOTTAYAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE,ERNAKULAM NORTH,KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). RESPONDENTS/CLAIMANTS: ------------------------------------------ 1. SARAMMA,W/O.LATE K.S.MANUAL, KEERIPLACKAL HOUSE,MOONNILAVU VILLAGE,MECHAL.P.O, MEENACHIL TALUK,PIN-686 589. 2. VINCENT,S/O.LATE K.S.MANUAL,KEERIPLACKAL HOUSE,MOONILAVU VILLAGE,MECHAL.P.O,PIN-686 589, MEENACHIL TALUK. 3. SUMOL,D/O.LATE K.S.MANUAL,KEERIPLACKAL HOUSE,MOONILAVU VILLAGE,MECHAL.P.O,PIN-686 589, MEENACHIL TALUK. 4. SIYAMOL,D/O.LATE K.S.MANUAL, KEERIPLACKAL HOUSE,MOONNILVU VILLAGE, MECHAL.P.O,MEENACHIL TALUK,PIN-686 589. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 21 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 11th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the 2nd respondent Insurance Company in O.P.(MV) No.404 on the file of the Motor Accidents Claims Tribunal, Pala. In this appeal the appellant challenges the judgment and award of the Tribunal dated November 24, 2009 awarding a compensation of Rs.3,32,520/- for the loss caused to the claimants on account of the death of one Manuel in a motor accident. 2.The accident happened on April 14, 2008 at about 3 p.m. while the deceased was travelling in an auto-rickshaw, due to the rash and negligent driving of the auto-rickshaw by its driver 1st respondent, it overturned. Deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the 1st respondent driver of the auto-rickshaw the claimants, who are the wife and children MACA 21/2011 2 of deceased Manual, filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs. 3. The 1st respondent, owner-cum-driver of the offending auto-rickshaw, remained absent before the tribunal. The 2nd respondent insurer of the offending auto- rickshaw filed a written statement admitting the policy of the auto-rickshaw but denied the liability. Exts.A1 to A14 were marked on the side of the claimants. Ext.B1 was marked on the side of the respondents. This O.P. was jointly tried along with claim petition filed by the 1st claimant, claiming a compensation for the injuries sustained by her in the accident. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent driver of the offending auto-rickshaw and awarded a compensation of Rs.3,32,520/- with interest at 7.5 % per annum from the date of petition till realization and a cost of Rs.5,000/-. Respondent No.2, insurer of the offending auto-rickshaw, has come up in appeal challenging MACA 21/2011 3 the quantum of compensation awarded by the Tribunal. 4. Heard learned counsel for the Appellant Insurance Company and learned counsel for the claimants. 5. The only question, which arises for consideration, is whether the compensation awarded by the Tribunal is excessive or not. 6. The Tribunal awarded a compensation of Rs.3,32,520/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs. 2,81,520 Damage to clothing : Rs. 500 Transport to hospital : Rs. 500 Funeral expenses : Rs. 10,000 Loss of consortium : Rs. 10,000 Loss of love and affection : Rs. 30,000 ------------------ Total : Rs.3,32,520 ======= 7. Learned counsel for the appellant Insurance Company argued that the multiplier adopted by the Tribunal is excessive. We find no substance in the above contention. 8. The Tribunal took the monthly income of the MACA 21/2011 4 deceased as Rs.3,000/- and after deducting 1/3rd for his personal expenses, balance amount of Rs.2,000/- was taken as his monthly contribution to his family which comes to Rs.24,000/- per annum. The Tribunal took the multiplier as 9 and awarded Rs.2,81,520/- towards loss of dependency. The deceased was a retired employee of a District Treasury Office, Idukki and was drawing a monthly pension of Rs.2,910/-. Taking into consideration the age of the deceased, his occupation and the age of the claimants , we feel that the multiplier adopted as well as the compensation awarded by the Tribunal is just and reasonable and not excessive. That being so, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn