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 15TH MARCH 2011 / 24TH PHALGUNA 1932 MACA.No. 2431 of 2010(G) ------------------------------------- [O.P(MV).NO.379/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI] .................... APPELLANTS/PETITIONERS IN O.P(M.V): ----------------------------------------------------------- 1. SHANIBA, AGED 26 YEARS, W/O.LATE ABDUL VAHAB, KOTTAKODAN HOUSE, VELLUVANGAD SOUTH, POST PANDIKKAD. 2. MOHAMMED ASHADAF, AGED 10 YEARS (MINOR), S/O. ABDUL VAHAB, (REPRESENTED BY MOTHER AND GUARDIAN 1ST PETITIONER SHANIBA). 3. FATHIMA ANHAR, (MINOR) 7 YEARS, D/O. ABDUL VAHAB, (REPRESENTED BY MOTHER AND GUARDIAN 1ST PETITIONER SHANIBA). 4. MOHAMMED AFAISE, AGED 5 YEARS, (MINOR), S/O. ABDUL VAHAB, (REPRESENTED BY MOTHER AND GUARDIAN 1ST PETITIONER SHANIBA). BY ADVS. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENTS/RESPONDENTS IN O.P(MV): --------------------------------------------------------------- 1. B.SAHADEVAN, S/O. BALAN, THOTTATHIL HOUSE, KONGAD POST, PALGHAT DISTRICT-678 631. 2. C.V.GEETHA, W/O. SREERAMA CHANDRAN, KRISHNA NIVAS, CHERIYYA, POST KONGAD, PALGHAT DISTRICT-678 631. 3. THE NEW INDIA ASSURANCE CO. LTD., M.A.LINE, T.B.ROAD, PALAKKAD-678 001. R2 BY ADV.SRI.U.BALAGANGADHARAN, R3 BY ADVS. SRI.K.K.M.SHERIF, SRI.A.A.ZIYAD RAHMAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No.2431 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.379 of 2006 on the file of the Principal Motor Accidents Claims Tribunal, Manjeri. They are the wife and three minor children of Abdul Vahad who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated July 23, 2010 awarding a compensation of Rs.4,12,000/- for the loss caused to them on account of the death of Abdul Vahad in that accident. 2. The accident occurred on May 22, 2004 at about 4 p.m. at Vakkilparamba Puthupariyaram. While deceased Abdul Vahad was pillion riding on a motor cycle bearing registration No.KL-10 S 270, he was knocked down by a bus bearing registration No.KL 9/F 810, driven by the first respondent. He sustained serious injuries and he succumbed to the injuries sustained while under going MACA 2431/2010 2 treatment in the hospital. Alleging negligence against the first respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.8 lakhs. 3. Respondents 1 and 2, the driver and the owner of the offending bus, remained absent and they were set ex parte by the Tribunal. The third respondent, insurer of the offending bus, filed a written statement admitting the policy. Exts. A1 to A8 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.4,12,000/- with interest @ 9% per annum from the date of petition till realization. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimants and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent, driver of the offending bus, and that MACA 2431/2010 3 the deceased died as a result of the injuries sustained in the accident are not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.4,12,000/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.3,84,000 Loss of consortium : Rs. 10,000 Loss of love and affection : Rs. 10,000 Loss of estate : Rs. 5,000 Funeral expenses : Rs. 3,000 ------------------ Total : Rs.4,12,000 ======== 7. The counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 8. The Tribunal took the monthly income of the deceased as Rs.3,000/-. 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 MACA 2431/2010 4 Rs.24,000/- per annum. As the deceased was aged 32 at the time of the accident, multiplier of 16 was taken by the Tribunal and awarded a compensation of Rs.3,84,000/- towards loss of dependency. According to the claimants, the deceased was a businessman conducting Crown Jute work at Pandikkad earning Rs.8,000/- per month. But no document was produced by the claimants to prove the same. Therefore, the Tribunal is perfectly justified in fixing the monthly income of the deceased as Rs.3,000/-. 9. There is another aspect in this case. The Tribunal deducted 1/3rd for his personal expenses out of the income of the deceased. As there are five dependents, we feel that only 1/4th need be deducted for his personal expenses. That being so, the annual contribution of the deceased can be taken as Rs.27,000/- (Rs.36,000/- x ¾). The Tribunal adopted multiplier of 16. As deceased was aged 32 at the time of the accident, proper multiplier that can be adopted in this case is 17. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of MACA 2431/2010 5 Rs.4,59,000/-. Thus, the claimants are entitled an additional compensation of Rs.75,000/- on this count. 10. The Tribunal awarded Rs.10,000/- for loss of consortium and Rs.10,000/- for love and affection. Taking into consideration the age of the claimants and deceased, we feel that a compensation of Rs.25,000/- for the loss of love and affection and Rs.15,000/- for loss of consortium would be reasonable. 11. The Tribunal did not award any compensation for pain and suffering endured by the deceased. In the circumstances of the case, we feel that a compensation of Rs.5,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 12. In the result, the claimants are found entitled to an additional compensation of Rs.1,00,000/- with interest @ MACA 2431/2010 6 7.5% p.a. from the date of petition till realization and proportionate costs. The third respondent being the insurer of the offending bus shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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. mn.