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 28TH JUNE 2010 / 7TH ASHADHA 1932 MACA.No. 3184 of 2009() ------------------------------- OPMV.461/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER: ------------------------- 1. T.D.ISSAC, S/O.DANIAL, AGED 62 YEARS, THARAKAPLAKKAL HOUSE, HOUSE NO.27/2472, KADAVANTHRA, COCHIN-20. 2. ALEYAMMA DANIAL, W/O.ISSAC, AGED 61 YEARS, -DO-. 3. ANOOP ISSAC, S/O.ISSAC, AGED 25 YEARS, -DO-. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): RESPONDENTS IN OPMV: -------------------------------------------------------------- 1. K.J.ANICE, W/O.P.V.RAJAN, KILIYELKUDIYIL HOUSE, P.O.VADATTUPURA, KOTHAMANGALAM. 2. P.V.OMANAKUTTAN, S/O.P.K.VASU, KURUPPAMPALLY, PARATHU HOUSE, ARAKKULAM, THODUPUZHA. 3. THE UNITED INDIA INSURANCE CO.LTD. BRANCH OFFICE, MUNICIPAL SHOPPING COMPLEX, KACHERITHAZHAM, MUVATTUPUZHA-686 661. ADV. SRI.SIBY MATHEW FOR R3 SRI.SUNNY XAVIER FOR R1 & 2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI. JJ. ----------------------------------------------- M.A.C.A No. 3184 OF 2009 ---------------------------------- DATED THIS THE 28TH DAY OF JUNE, 2010 JUDGMENT Barkath Ali J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P(MV) No. 461/2003 of Motor Accidents Claims Tribunal,Ernakulam challenge the judgment and award of the Tribunal dated January 27, 2009 awarding a compensation of Rs. 2,08,331/- for the loss caused to them on account of the death of deceased George Issac in a motor accident. 2. The facts leading to this appeal in brief are these: Deceased George Issac was aged 24 at the time of the accident and he used to earn Rs.7000/- per month as an Insurance Surveyor, according to the claimants. Claimants are his parents and brother. On July 22, 2002 at about 3.45 P.M, the deceased George Issac was riding his motorcycle bearing registration No.KL-7/V.768. When he reached near the Railway gate at Irumbanam, a Tempo Van bearing registration No.KL-7/AB.8150 driven by the 2nd respondent came at a high speed from behind and dashed against the motor cycle of the deceased. The deceased sustained serious injuries and he M.A.C.A No. 3184 OF 2009 2 succumbed to the injuries sustained while undergoing treatment in Medical Trust Hospital, Ernakulam. According to the claimants, accident occurred due to the rash and negligent driving of the offending Tempo Van by 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and 3rd respondent as the insurer of the offending Tempo Van are jointly and severally liable to pay compensation to the claimants, who are the dependents and legal heirs of the deceased. Claimants claimed a compensation of Rs. 7,00,000/-. 3. Respondents 1 and 2, the owner and driver of the offending Tempo Van filed a written statement admitting the accident but denying the liability. The 3rd respondent, insurer of the offending Tempo Van filed a written statement admitting the policy. 4. PW1 was examined and Exts. A1 to A10 were marked on the side of the claimants. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of second respondent and awarded a compensation of M.A.C.A No. 3184 OF 2009 3 Rs.2,08,331/- with interest @ 7.5% per annum from the date of petition till realization and proportionate cost. 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. 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 Tribunal awarded a total compensation of Rs. 2,08,331/-. The break up of the compensation awarded is as under: Transportation and funeral expenses :Rs. 5,000 Shock, pain and sufferings :Rs. 10,000 Loss of dependency :Rs. 1,73,331 Loss of estate :Rs. 10,000 Loss of love and affections :Rs. 10,000 ------------ Total :Rs. 2,08,331 ====== M.A.C.A No. 3184 OF 2009 4 8. Counsel for the claimants sought enhancement of compensation for the loss of dependency and loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs. 2,500/-per month and after deducting 1/3 of his personal expenses, the balance amount of Rs. 20,000/- was taken as his annual contribution to his family for first four years and thereafter at Rs. 13,333/- for the remaining seven years and the Tribunal awarded a compensation of Rs.1,73,331/- for the loss of dependency. PW1, one Mr. Laiju George testified that the deceased had joined as a Trainee under him as Insurance Surveyor and he used to pay Rs. 6,000/- per month. 10. Taking into consideration of the above facts, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,000/-. In the circumstances of the case, we feel that only 1/3 of his income can be deducted as his personal expense and the balance amount of Rs. 24,000/- can be taken as his annual contribution to his family. The deceased was aged only 24 at the time of accident, and therefore, we feel that a multiplier of M.A.C.A No. 3184 OF 2009 5 12 would be reasonable in this case. Thus, calculated for the loss of dependency, the claimants are entitled to Rs.2,88,000/- (24,000x12). Thus, on this count, the claimants are entitled to an additional compensation of Rs. 1,14,669/-. 11. The Tribunal awarded Rs.10,000/- for loss of love and affection which appears to be very low. Taking into consideration of the age of the deceased and the age of parents, we feel that Rs.15,000/- would be reasonable on this count. As regards compensation awarded under other heads, we feel the same to be reasonable, and therefore we are not disturbing the same. In the result, the claimants are entitled to an additional compensation of Rs. 1,29,669/-. They are entitled to interest @ 7.5% per annum from the date of petition till realization 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. M.A.C.A No. 3184 OF 2009 6 The Appeal is disposed of as found above. A.K. BASHEER (jUDGE) P.Q. BARKATH ALI (JUDGE) PKK