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 8TH MARCH 2010 / 17TH PHALGUNA 1931 MACA.No. 562 of 2008() ---------------------- OPMV.1480/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS IN OP(MV) ---------------------------------------------- 1. ANNAMKUTTY, W/O.LATE LONAPPAN, NJERLELY HOUSE, KILIKKAL DESOM, KODASSERY VILLAGE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. ELSY, D/O.LATE LONAPPAN, NJERLELY HOUSE, KILIKKAL DESOM, KODASSERY VILLAGE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. DAVIS, S/O.LATE LONAPPAN, NJERLELY HOUSE, KILIKKAL DESOM, KODASSERY VILLAGE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 4. SILMONY, D/O.LATE LONAPPAN, NJERLELY HOUSE, KILIKKAL DESOM, KODASSERY VILLAGE, ELINJIPRA P.O MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 5. VALSA, D/O.LATE LONAPPAN, NJERLELY HOUSE, KILIKKAL DESOM, KODASSERY VILLAGE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 6. SHAINY, D/O.LATE LONAPPAN, NJERLELY HOUSE, KILIKKAL DESOM, KODASSERY VILLAGE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. MACA.No.562/08 7. JAINY, D/O.LATE LONAPPAN, NJERLELY HOUSE, KILIKKAL DESOM, KODASSERY VILLAGE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. A.V.SURESH, S/O.VELUKUTTY, AREERITHA HOUSE, CHALAKUDY. 2. MURALI, S/O.RAJAN, THANDASSERY HOUSE, KALLUR VILLAGE. 3. ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.562 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.1480/2002 of Motor Accidents Claims Tribunal, Irinjalakkuda challenge the judgment and award of the Tribunal dated October 22, 2007 awarding a compensation of Rs. 1,36,900/- for the loss caused to him on account of the death of one Lonappan in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased Lonappan was aged 58 at the time of the accident. He was a manual labourer earning Rs. 3000/- per month. Claimants are his wife and major children. On August 17, 2002 while the deceased was walking along the side of the road, he was knocked down by an Autorickshaw bearing Reg.No.KL-8/H 6396 driven by the second respondent. The deceased sustained very serious injuries and he succumbed to the injuries sustained while undergoing treatment in the MACA.No.562/2008 2 hospital. According to the claimants, accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending autorickshaw are jointly and severally liable to pay compensation to the claimants. Claimants claimed a compensation of Rs. 4,45,000/-. 3. Respondents 1 and 2, the owner and driver of the offending autorickshaw remained absent and were set ex-parte by the Tribunal. The third respondent the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. Exts.A1 to A6 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent and awarded a compensation of Rs. 1,36,900/-. 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 MACA.No.562/2008 3 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 question which arises for consideration is whether the claimants are entitled to any enhanced compensation ? 7. The case of the claimants is that deceased was a manual labourer earning Rs. 3,000/- per month. As no document was produced before the Tribunal, the Tribunal took his monthly income as Rs. 1800/- per month. Adopting a multiplier of 8, the Tribunal awarded Rs. 1,15,200/- towards loss of dependency. The Tribunal awarded Rs. 5000/- for pain and suffering, Rs. 3,000/- for funeral expenses, Rs. 5,000/- for loss of consortium and Rs. 8,700/- for medical expenses. Taking into account the fact that the deceased was a labourer aged 58, we feel that his monthly income can be reasonably estimated at Rs. 2,500/- which comes to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, remaining Rs. 20,000/- per annum can be taken as his annual contribution to his family. The MACA.No.562/2008 4 multiplier adopted by the Tribunal as 8 is not seriously disputed. Thus calculated towards loss of dependency, claimants are entitled to a compensation of Rs. 160,000/-. Therefore, on this count, the claimants are entitled to an additional compensation of Rs. 44,800/- 8. For pain and suffering endured by the deceased, Rs. 5,000/- was granted by the Tribunal which appears to be very low. Taking into consideration the fact that the deceased died from the hospital, we feel that a compensation of Rs. 10,000/- would be adequate on this count. Regarding the compensation awarded under other heads, we feel that the same is reasonable. Therefore, we are not disturbing the same. 9. Thus, the appellants/claimants are entitled to an additional compensation of Rs.49,800/- . They are entitled to interest @ 9% per annum from the date of petition till realisation from the date of petition till realisation and proportionate cost. The entire compensation should be given to the first claimant, the widow of the deceased as other claimants are not the dependents of deceased. 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 the MACA.No.562/2008 5 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.562/2008 6