IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 MACA.No. 1194 of 2004() ----------------------- OPMV.1929/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANTS: ------------------------------------------- 1. SMT.ANANDAVALLY, W/O.LATE RAVEENDRA KURUP, JAYA NIVAS, S.N.PURAM P.O., KANJIKUZHY, ALAPPUZHA DIST. 2. SMT. JAYASREE.A., D/O.ANANDAVALLY, JAYA NIVAS, S.N.PURAM P.O., KANJIKUZHY, ALAPPUZHA DIST. 3. SMT.JAYANTHI, D/O.ANANDAVALLY, PLAPPALLIL HOUSE, KALAVOOR P.O., ALAPPUZHA DIST. BY ADV. SRI.P.VIJAYARAGHAVAN RESPONDENT(S): --------------- 1. SMT. ANCY.K.C., MARINE & FARM PRODUCTS EXPORTERS (P) LTD., PANICKASSERIL HOUSE, BEACH WARD, ALAPPUZHA. 2. MR.JALAL, S/O.THILAKARAJAN, ARYAN VEEDU, CHERIYAZEEKAL, ALAPPATTU, KARUNAGAPPALLY, KOLLAM DISTRICT. 3. THE NATIONAL INSURANCE CO.LTD., P.B.NO. 3805, NEAR YMCA JUNCTION, ALAPPUZHA, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ----------------------------------------------------- M.A.C.A No. 1194 OF 2004 ------------------------------------- DATED THIS THE 2ND DAY OF SEPTEMBER, 2010 JUDGMENT ---------------- Barkath Ali, J. Appellants are the claimants in OP(MV) No. 1929/99 on the file of Motor Accidents Claims Tribunal, Alappuzha. They are the mother and two sisters of deceased Jayaprasad who died in a motor accident which occurred on November 20, 1999 at about 5 p.m. on the Alappuzha-Ernakulam NH way at Kanichukulangara. The accident happened while the deceased was standing on the side of the road with a two year old child in his hand, when a mini lorry bearing registration No. KL-04/F 3267 driven by the 2nd respondent came at a high speed and the driver suddenly applied the brake, as a result of which the lorry toppled down on them and the deceased Jayaprasad and the child sustained serious injuries and they succumbed to the injuries sustained on the way to the hospital. Deceased Jayaprasad was aged 22 at the time of accident and was unmarried. According to the claimants M.A.C.A No. 1194 OF 2004 2 he used to earn Rs.5,000/- per month as a Teacher in a Tutorial college. At the time of his death he was studying for B.Ed course. Alleging negligence against the 2nd respondent, the driver of the mini lorry, the claimants filed O.P before the Motor Accidents Claims Tribunal, Alappuzha claiming a compensation of Rs.10 lakhs. 2. Respondents 1 and 2, the owner and driver of the offending lorry remained absent before the Tribunal. The 3rd respondent, the insurer of the offending lorry filed a written statement admitting the policy. PW1 was examined and Exts. A1 to A10 were marked on the side of claimants. No evidence was adduced by the contesting 3rd respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to the negligence of the 2nd respondent and awarded a compensation of Rs. 2,65,000/- with interest at the rate of 6% 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. 3. Head the counsel for the Appellants/claimants and the counsel for the Insurance Company. M.A.C.A No. 1194 OF 2004 3 4. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of 2nd respondent, the driver of the offending 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 ? 5. The Tribunal awarded a total compensation of Rs.2,65,000/-. The break up of the compensation awarded is as under: Loss of dependency :Rs. 2,40,000 Love and affection :Rs. 10,000 Pain and suffering :Rs. 5000 Loss of estate :Rs. 5,000 Funeral expenses :Rs. 3,000 Transportation charges :Rs. 2,000 6. The counsel for the claimants sought enhancement of the compensation for the loss of dependency, loss of love and affection and for pain and suffering endured by the deceased. 7. The Tribunal took the monthly income of the deceased as Rs. 2,000/- which comes to Rs. 24,000/- per annum. After deducting 1/3 for his personal expenses, took the balance amount of Rs. 16,000 as his annual contributions to his family and adopted a multiplier of 15 and awarded a compensation of M.A.C.A No. 1194 OF 2004 4 Rs. 2,40,000/- towards loss of dependency. According to the claimants deceased used to earn Rs. 5,000/- per month as a teacher in a private tutorial college. Ext.A9 is the certificate of the Principal of the tutorial college. Ext.A8 series are degree certificate and mark list which show that he has passed B.Sc degree course in first class. The 3rd claimant PW1 has testified that deceased was studying in B.Ed course at the time of accident. Taking into consideration all these aspects, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,000/- which comes to Rs. 36,000/- per annum. After deducting 1/3 of his personal expenses, Rs. 24,000/- can be taken as his annual contributions to his family. The multiplier adopted by the Tribunal 15 is not seriously challenged. Thus, calculated for the loss of dependency the claimants are entitled to a compensation of Rs. 3,60,000/-. Thus, on this count, the claimants are entitled to an additional compensation Rs. 1,20,000/- . 8. The Tribunal awarded a compensation of Rs. 10,000/- for love and affection which appears to be very low. Taking into consideration the fact that the claimant is only a male member of M.A.C.A No. 1194 OF 2004 5 his family, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs. 5,000/-. 9. The Tribunal awarded a compensation of Rs. 5,000/- for pain and suffering which appears to be quite inadequate. In the circumstances of this case, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs. 5,000/-. 10. 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.1,30,000/-. They are entitled to interest at the rate of 6% per annum from the date of petition till realization and proportionate Cost. The 3rd 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. 1194 OF 2004 6 The Appeal is disposed of as found above. A.K. BASHEER Judge P.Q. BARKATH ALI Judge PKK