IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY,THE 19TH JANUARY 2011/29TH POUSHA 1932 MACA.No. 1048 of 2004 ----------------------- ( O.P.(MV)NO.1817/2000 OF MACT, MUVATTUPUZHA) APPELLANTS/PETITIONERS: ------------------------------------ 1. PUSHPA, W/O.LATE SUKUMARAN, AGED 34 YEARS, KUNNUMPURATH HOUSE (PATTUPALAYIL), KIZHAKOMBY KARA, KOOTHATTUKULAM VILLAGE. 2. LAL KRISHNA (MINOR), S/O. LATE SUKUMARAN, AGED 14 YEARS, KUNNUMPURATH HOUSE (PATTUPALAYIL),KIZHAKOMBY KARA, KOOTHATTUKULAM VILLAGE, REP.BY HIS NEXT FRIEND AND GUARDIAN MOTHER PUSHPA. 3. LAVANYA (MINOR), S/O.LATE SUKUMARAN, AGED 9 YEARS, KUNNUMPAURATH HOUSE (PATTUPALAYIL), KIZHAKOMBY KARA, KOOTHATTUKULAM VILLAGE, REP. BY HER NEXT FRIEND AND GUARDIAN MOTHER PUSHPA 4. KESAVAN, S/O. SANKU, AGED 78 YEARS, KUNNUMPURATH HOUSE (PATTUPALAYIL), KIZHAKOMBY KARA, KOOTHATTUKULAM VILLAGE. BY ADV. SRI.P.V.SANTHOSH JOSE RESPONDENTS/ RESPONDENTS --------------- 1. SURESHKUMAR, S/O. UNNI, OORAMATTATHIL HOUSE, PIRAVOM KARA, PIRVOM VILLAGE. 2. P.P.MATHAI, PUTHENPURACKAL HOUSE, PAZHOOR, PIRAVOM. 3. THE ORIENTAL INSURANCE COMPANY LTD., THODUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1048 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th January, 2011 JUDGMENT Basheer, J. Appellants are the claimants in OP(MV)1817/2000 on the file of Motor Accidents Claims Tribunal, Muvattupuzha. They are the wife, children and parents of deceased Sukumaran who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated March 31, 2004 awarding a compensation of Rs. 3,76,200/- for the loss caused to them on account of the death of deceased in that accident. 2. On August 29, 2000 at about 4 p.m. while the deceased was riding the motor cycle from Koothattukulam-Edayar road, he was knocked down by the bus bearing Reg.No.KL-7/X 8784 driven by the first respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the bus, the claimants filed the OP under Sec.166 of the Motor Vehicles Act MACA.No.1048/2004 2 claiming a compensation of Rs.8,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending bus remained absent before the Tribunal. The second respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A8 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 awarded a total compensation of Rs.3,76,200/- with interest at the rate of 9% 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. 5. Heard 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 driver of the bus is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. MACA.No.1048/2004 3 7. The Tribunal awarded a total compensation of Rs.3,76,200/-. The break up of the compensation amount awarded is as under: Transportation - Rs. 1,000/- Loss of estate - Rs. 15,000/- Funeral expenses - Rs. 3,000/- Pain and suffering - Rs. 5,000/- Loss of consortium - Rs.15,000/- Loss of love and affection - Rs.20,000/- Loss of dependency - Rs.3,07,200/- Loss of expectation of life - Rs. 10,000/- 8. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.2,400/- and after deducting 1/3 for his personal expenses, took the balance amount of Rs. 1600/- as his monthly contribution to his family which comes to Rs. 19,200/- per annum and awarded Rs.3,07,200/- for loss of dependency. The deceased was a Mason earning Rs. 5,250/- per month, according to the claimants. Ext.A1 is his pass book which shows that he was a member of Kerala Construction Workers Welfare Fund. PW2, the Vice-President of the local panchayath has testified to that effect. Taking into consideration the above aspect, we feel that the MACA.No.1048/2004 4 monthly income of the deceased can be reasonably fixed at Rs. 3,000/- which comes to Rs. 36,000/- per annum. The Tribunal deducted 1/3 for his personal expenses. There are five dependents to the deceased i.e. widow, two minor children and aged parents. Therefore, in the light of the principles laid down in Sarala Varma v. Delhi Transport Corporation and another ( 2009(6) SCC 121), ¼ need be deducted for his personal expenses. Thus, his yearly contribution to his family can be fixed at Rs. 27,000/-. The multiplier adopted by the Tribunal as 16 is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 4,32,000/- ( 27,000 x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,24,800/-. 10. The Tribunal awarded Rs. 10,000/- for loss of expectation of life. As compensation for loss of dependency is already awarded, the claimants are not entitled to compensation for loss of expectation of life. 11. The Tribunal awarded Rs. 20,000/- for loss of love and affection which appears to be very low. Taking into consideration the age of the claimants, we feel that a compensation of Rs. 30,000/- would MACA.No.1048/2004 5 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. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 1,24,800/-. 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.1048/2004 6