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 14TH FEBRUARY 2011 / 25TH MAGHA 1932 MACA.No. 243 of 2005() ---------------------- OPMV.1096/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONERS ----------------------- 1. K.C.JOSE, AGED 68 YEARS, SON OF CHAKKAPPAN KANNAMPILLY HOUSE, PARIYARAM, CHALAKUDY, THRISSUR DISTRICT.(DELETED) 2. THREASSIAMMA JOSE, WIFE OF K.C.JOSE, AGED 58 YEARS, RESIDING AT DO. 3. GRACE ALIAS DAISY JACOB, DO. DO. DO. 4. THESA JACOB (MINOR) DO. DO. 5. JOE JACOB, (MINOR), DO. DO. 6. MARY JACOB (MINOR) DO. DO. 7. GEORGE JACOB (MINOR), DO. DO. ADDITIONAL RESPONDENT 8. MARY JACOB, RESIDING AT KANNAMPILLY HOUSE PARIYARAM, CHALAKUDY THRISSUR BY ADV. SRI.P.R.VENKETESH SRI.P.C.CHACKO(PARATHANAM) RESPONDENTS/RESPONDENTS --------------- 1. P.V.JOHN, SON OF VARKEY, AGED 40 YEARS, PUTHENPARAMBIL HOUSE, THITTAMMEL, CHENGANNUR P.O., ALAPPUZHA DISTRICT, DRIVER OF LORRY KRD 2637. MACA.NO.243/2005 2. K.R.JAGANNATHAN, SON OF S.R.NAIDU, 1/148 KUNNUMPURAM ROAD, PALAKKAD OWNER OF LORRY KRD 2637. 3. UNITED INDIA INSURANCE COMPANY LTD. BRANCH OFFICE, DIVISIONAL OFFICE, P.B.NO. 541, E.P.BUILDING, 24, MILL ROAD, COIMBATORE INSURER OF LORRY KRD 2637, POLICY NO.170300/328/31/1/1/9533/95. THE NAME OF FIRST APPELLANT IS STRIKE OFF FROM THE PARTY ARRAY AS PER ORDER DATED 14/11/2008 IN I.A.NO.3030/2008 ADDITIONAL 7TH RESPONDENT IMPLEADED AS PER ORDER DATED 14-11-2008 IN I.A.NO.3028/2008 THE NEXT FRIEND OF APPELLANTS 4 AND 5 ARE DISCHARGED AND LEAVE GRANTED TO PROCEED THE APPELLANT IN THEIR OWN NAME AS PER ORDER DATED 14/11/2008 IN I.A.NO.3029/2008 ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.243 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1096/1996 on the file of the Motor Accidents Claims Tribunal, Palakkad. They are the parents, wife and children of deceased K.J.Jacob who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated July 31, 2004 awarding a compensation of Rs. 6,55,500/- for the loss caused to them on account of the death of deceased in that accident. 2. On April 15, 1996 at about 10 p.m., while the deceased was driving the car bearing Reg.No.KL 7C/3952 and when he reached near Manappullikavu, the car collided head on with a lorry bearing Reg.No.KRD/2637 driven by the first respondent. The deceased sustained serious injuries and he succumbed to the injuries sutained on the spot. Alleging negligence against the driver of the lorry, the claimants filed the OP under Sec.163 (A) of the Motor Vehicles Act MACA.No.243/2005 2 claiming a compensation of Rs.20,00,000/-. 3. First respondent, the driver and the owner 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 of the lorry, but attributed negligence to the deceased. 4. This O.P. was tried along with other O.P.s filed by the owner of the car claiming compensation for the damages caused to her car and a common award was passed by the Tribunal. Pws 1 to 4 were examined and Exts.A1 to A15 and Ext.X1 and X2 were marked on the side of the claimants before the Tribunal. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.6,55,500/- with interest at the rate of 9% per annum from the date of petition till realisation and a cost of Rs.750/-. 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. MACA.No.243/2005 3 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 lorry 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 Tribunal awarded a total compensation of Rs.6,55,500/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.6,30,000/- Transport to hospital - Rs. 1,000/- Funeral expenses - Rs. 2,000/- Loss of estate - Rs. 2,500/- Pain and suffering - Rs. 5,000/- Loss of love and affection - Rs. 5,000/- Loss of consortium - Rs. 10,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency, for loss of love and affection and for loss of consortium. 9. The Tribunal took the monthly income of the deceased as Rs.5,250/- and after deducting 1/3 for his personal expenses, the balance amount of Rs. 3,500/- was taken as his monthly contribution to MACA.No.243/2005 4 his family which comes to Rs.42,000/- per annum. The Tribunal adopted a multiplier of 15 and awarded Rs. 6,30,000/- for the loss of dependency. Ext.A5 salary certificate shows that deceased was employed as a Clerk in South Indian Bank and was drawing a salary of Rs.5250/-. He was aged only 40 at the time of the accident. Therefore, taking into consideration the future prospects of promotion, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 7,000/- which comes to Rs. 84,000/- per annum. As there are more than 5 dependents for the deceased, we feel that only ¼ of the income need be deducted for the personal expenses. The balance amount of Rs.63,000/- can be taken as his annual contribution to his family. As the claimant is aged only 40, the proper multiplier to be adopted in this case is 16. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 10,08,000/- ( 63,000/- x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.3,78,000/-. 10. The Tribunal awarded Rs. 10,000/- for loss of consortium and Rs.5,000/- for loss of love and affection which appear to be very MACA.No.243/2005 5 low. Taking into consideration the age of the deceased and the claimants, we feel that a compensation of Rs. 15,000/- for loss of consortium and Rs.20,000/- for loss of love and affection would be reasonable. 11. In the result, the claimants are found entitled to an additional compensation of Rs. 3,98,000/-. 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.243/2005 6 MACA.No.243/2005 7