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 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 MACA.No. 1599 of 2008() ----------------------------------- OPMV.1538/1998 of IIND ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS --------------------------------------------- 1. MARTIN T.PHILIP ANTONY AGED 28 YEARS, S/O. LATE MR.P.A.PHILIPOSE 3/166, THEVARIL, WEST NADAKKAVU, KOZHIKODE 673 011 2. ANU ROSE MARY PHILIP, AGED 23 YEARS D/O. LATE MR.P.A.PHILIPOSE 3/166, THEVARIL, WEST NADAKKAVU, KOZHIKODE 673 011 BY ADVS. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENT 1 & 3 ------------------------------------------------------ 1. ELIZABETH PHILIP @ P.M.ELIYAMMA AGED 52 YEARS, W/O. LATE MR.P.A. PHILIPOSE 3/166, THEVARIL, WEST NADAKKAVU, KOZHIKODE 673 011 2. M/S. ORIENTAL INSURANCE CO.LTD KINGSWAY BUILDING, MAVOOR ROAD KOZHIKODE 673 011 R2 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No.1599 OF 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.1538/1998 on the file of II Additional Motor Accidents Claims Tribunal, Kozhikode. They are the children of deceased Dr.P.A.Philipose who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated August 6, 2007 awarding a compensation of Rs. 1,88,500/- for the loss caused to them on account of the death of deceased Dr.P.A. Philipose in the accident. 2. On April 25, 1998 at about 10.30 p.m., while the deceased was travelling in a Tata Sumo car bearing Reg.No.PY-03-1126 driven by second respondent from Kozhikode to Ernakulam and when he reached at Changaramkulam, due to the negligence of the second respondent, the car collided head on with a bus bearing Reg.No.KL-15/2603. The deceased sustained serious MACA 1599/2008 2 injuries and he succumbed to the injuries sustained on the way to the hospital. Alleging negligence against the second respondent driver of the car, the claimants filed the Original Petition before the Tribunal under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. 3. First respondent in the O.P. the owner of the offending car though entered appearance, did not file any written statement. Second respondent in the O.P., the driver of the offending car, filed a written statement admitting the accident, but denied the liability. Third remained, the insurer of the offending car, filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A10 were marked on the side of the claimants before the Tribunal. No evidence was adduced on the side of the respondents. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of MACA 1599/2008 3 Rs.1,88,500/- with interest at the rate of 6% per annum from the date of petition till realization and a cost of Rs.400/-. 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 car 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.1,88,500/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 1,500/- Funeral expenses - Rs. 2,000/- Loss of love and affection - Rs. 10,000/- Compensation for dependency-Rs.1,60,000/- Pain and suffering - Rs. 15,000/- MACA 1599/2008 4 ------------- Total -Rs. 1,88,500/- ========= 8. Counsel for the claimants sought enhancement of compensation for the loss of dependency and for the loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs.3,000/-, which comes to Rs.36,000/- per annum and after deducting 1/3rd for his personal expenses, took Rs.24,000/- as his annual contribution to his family, adopted multiplier of 8 and awarded a total compensation of Rs.1,88,500/- towards the loss of dependency. The deceased was a retired Homeopathic Medical Practitioner. According to the claimants, the deceased was working in Nightingale Medical Mission, Naduathoor and was earning Rs.7,000/- per month. Ext.A10 is the certificate, which was issued by Dr.P.K.Balakrishnan. Exts.A4 to A9 support the case of the claimants. Therefore, we feel that the monthly income of the deceased can reasonably be fixed at Rs.5,000/- per month, which comes to Rs.60,000/- per MACA 1599/2008 5 annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.40,000/- per annum can be taken as his contribution to his family. The age of the deceased was 58 at the time of his death. Therefore, multiplier of 8 adopted by the Tribunal appears to be reasonable. Thus, for the loss of dependency, the claimants are entitled to a compensation of Rs.3,20,000/- (Rs.40,000/- x 8). Thus, the claimants are entitled an additional compensation of Rs.1,31,500/- on this count. 10. The Tribunal awarded Rs.10,000/- for loss of love and affection. Taking into consideration the age of the deceased as well as the claimants, we feel that a compensation of Rs.20,000/- 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. 11. In the result, the claimants are found entitled to an additional compensation of Rs.1,41,500/-. The Tribunal MACA 1599/2008 6 awarded interest only @ 6% per annum, which appears to be very low. The claimants are entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. They are also entitled to proportionate costs. The third respondent, 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 mn