IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 MACA.No. 2120 of 2006() ----------------------- (OPMV.1643/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR) .................... APPELLANTS/APPELLANTS ---------------------------------------- 1. THACHI, AGED 59 YEARS, W/O. VEERAVU, KANEELI HOUSE, CHETHIKODU, NAYATHODU. 2. ABBAS, S/O. VEERAVU, KANEELI HOUSE, CHETHIKODU, NAYATHODU. 3. SUBAIDA, W/O. ABDUL KHADER, KANEELI HOUSE, CHETHIKODU, NAYATHODU. 4. LAILA, W/O. ABDUL KAREEM, KANEELI HOUSE, CHETHIKODU, NAYATHODU. 5. AYSHA BEEVI, W/O. NASSER, KANEELI HOUSE, CHETHIKODU, NAYATHODU. 6. SHAJI, S/O. VEERAVU, KANEELI HOUSE, CHETHIKODU, NAYATHODU. BY ADVS. SRI.K.A.SHAMSUDEEN SRI.K.I.ABDUL RASHEED RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. RAJAN, S/O. KUTTAN, KALAPARAMBIL HOUSE, VARAKKARA, AMBALLOOR, THRISSUR. 3. NATIONAL INSURANCE COMPANY LTD., THIRUVANANTHAPURAM. R1 BY ADVS. SRI.JOHNSON P.JOHN, SC, KSRTC SRI.K.PRABHAKARAN, SC, K.S.R.T.C. R3 BY ADV. SRI.JOE KALLIATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No.2120 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 5th day of January, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1643 of 2001 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. They are the mother, brother and sisters of Salim who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated May 20, 2006 awarding a compensation of Rs.67,100/- for the loss caused to them on account of the death of Salim in that accident. 2. The accident happened on August 11, 2001 at about 11.30 p.m. at Kottayee on the Aluva – Angamaly National Highway. Deceased Salim was riding and deceased Sunil was pillion riding on a motor cycle bearing registration No.KL-7M-2351. When they reached at Kottayee, they were knocked down by a K.S.R.T.C. bus MACA 2120/2006 2 bearing registration No.KL-15-4129 driven by the 2nd respondent. Salim as well as the pillion rider Sunil sustained serious injuries and they succumbed to the injuries sustained on the way to hospital. Alleging negligence against the 2nd respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.3,50,000/-. 3. Respondents 1 and 2 the owner and driver of the offending K.S.R.T.C. bus remained absent before the Tribunal. The 3rd respondent insurer of the offending bus filed a written statement admitting the accident but attributed negligence to the rider of the motor cycle. 4. This O.P. was jointly tried along with O.P.(MV) No. 1644 of 2001 and a common award was passed by the Tribunal. PWs.1 and 2 were examined and Exts. A1 to A9 were marked on the side of the claimant. Ext.B1 was marked on the side of the respondents. On an appreciation of the evidence, the Tribunal awarded a total compensation of Rs.67,100/- with interest @ 7% per annum from the date MACA 2120/2006 3 of petition till realization. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 2nd 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.67,100/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.57,600 Funeral expenses : Rs. 2,000 Loss of estate : Rs. 2,500 Pain and suffering : Rs. 5,000 ------------------ Total : Rs.67,100 ======== 8. The learned counsel for the appellants/claimants MACA 2120/2006 4 sought enhancement of compensation awarded by the Tribunal for the loss of dependency, loss of love and affection, for pain and suffering endured and loss of estate. The learned counsel submits that no compensation was awarded towards loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs.1,800/-. After deducting 1/3rd for his personal expenses, took balance amount of Rs.1,200/- as monthly contribution to his family and adopted a multiplier of 8 and awarded Rs.57,600/- for the disability caused. The deceased was aged 28 at the time of the accident and he used to earn Rs.3,000/- per month, according to the claimants. Therefore, we feel that his monthly income can reasonably be fixed at Rs.2,000/-. After deducting 1/3rd for his personal expenses, balance amount of Rs.16,000/- per annum can be taken as his annual contribution to his family. As the deceased was aged 28 at the time of the accident, multiplier of 9 can be adopted. Thus calculated for the loss of dependency, the claimants are entitled a compensation MACA 2120/2006 5 of Rs.1,44,000/- (Rs.16,000/- x 9). Thus, the claimants are entitled to an additional compensation of Rs.86,400/- on this count. 10. The Tribunal awarded Rs.5,000/- for pain and suffering and Rs.2,500/- for the loss of estate, which appear to be very low. In the circumstances of the case, we feel that a compensation of Rs.10,000/- for pain and suffering endured and Rs.5,000/- for loss of estate would be reasonable. 11. No compensation was awarded by the Tribunal for the loss of love and affection. As this is a claim for compensation under section 163A of the Motor Vehicles Act, the claimants are not entitled to compensation in any other heads. 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. MACA 2120/2006 6 12. In the result, the claimants are found entitled to additional compensation of Rs.93,900/- with interest @ 7% p.a. from the date of petition till realization and proportionate costs. The 3rd respondent Insurance Company 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.