IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 MACA.No. 1873 of 2005 ----------------------- OPMV.704/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANTS/PETITIONERS: ------------------------------------ 1. THRESSIA, W/O. LATE PAILUNNY. 2. OMANA, W/O.PAULSON. 3. JANISH, S/O. PAULSON. 4. VINISH, S/O. PAULOSON. 5. MISHA, D/O. PAULSON. 6. DAISY, D/O. PAILUNNY. ALL ARE RESIDING AT THANIKKAL HOUSE, P.O. NELLIKUNNU, THRISSUR. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SMT.M.R.VALSA RESPONDENT(S): RESPONDENTS --------------- 1. LAKSHMI BAI, W/O. HIRAJ KHANA, RESIDING AT GUDHI SOCIETY, GHAT LODIA, AHAMEDABAD. 2. ISMAIL GHAN, S/O. JAILANKHAN, RESIDING AT 16TH MUKADEM HOUSE, ZAKARIA MASJITH STREET, BOMBAY-9. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, GHAT LODIA, AHAMADABAD. 4. K.B. USHA, W/O. RAVI, RESIDING AT MADATHIL VEETTIL, P.O. POONKUNNAM, THRISSUR. 5. JOSHI, S/O. JOSEPH, RESIDING AT KOORKANCHERYKARAN HOUSE, P.O. KURIACHIRA, THRISSUR. 6. THE UNITED INDIA INSURANCE COMPANY LIMITED, THRISSUR. ADV. SRI.RAJIT FOR R5 SRI.RANJIT BABU FOR R5 SMT.P.A.REZIYA FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1873 of 2005 ------------------------------------------------------ Dated: JULY 30, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)704/1995 on the file of the Motor Accidents Claims Tribunal, Thrissur. They are the wife, children and mother of one Paulson who died in a motor accident which occurred on January 23, 1994 at about 4.45 p.m. at Mullakkara on the Coimbatore - Thrissur Highway. The accident happened while the car bearing Regn.No.KL-I/9111 in which the deceased was travelling collided head on with a lorry bearing Regn.No.OJI/5-4172. The deceased was aged 39 at the time of the accident and used to earn Rs.3000/- per month from vegetable business. The claimants who are his legal heirs and dependents filed the OP before the Tribunal under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.4,50,000/-. 2. Respondents 1 to 3 are the owner, driver and insurer of the lorry and respondents 4 to 6 are the owner, driver and insurer of the car in which the deceased was travelling. Respondents 1, 2 and 4 remained absent before the Tribunal. Respondent No.3 admitted the policy, but contended that the accident occurred due to negligence on the part of respondent No.5, driver of the car. Respondent No.5 filed M.A.C.A. 1873 of 2005 2 a written statement admitting the accident, but denying the liability. Respondent No.6, Insurer of the car, filed a written statement admitting the policy. 3. PWs.1 and 2 were examined and Exts.A1 to A14 were marked on the side of the claimants before the Tribunal and Exts.B1 to B3 were marked on the side of the contesting respondents. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.2,42,000/- with interest at the rate of 8% per annum from the date of petition till realisation and a cost of Rs.4400/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellants/claimants and the counsel for respondents 5 and 6. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 5th 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. 6. The Tribunal awarded a total compensation of Rs.2,42,000/-. The break up of the compensation amount awarded is as under: loss of dependency Rs.1,92,000/- transport to hospital 1,000/- funeral expenses 4,000/- M.A.C.A. 1873 of 2005 3 pain and suffering 10,000/- loss of love and affection 15,000/- loss of consortium 10,000/- loss of estate 10,000/- 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency and for loss of love and affection. The Tribunal took the monthly income of the deceased as Rs.1500/- and after deducting 1/3rd for his personal expenses, Rs.1000/- was taken as his monthly contribution to his family. A multiplier of 16 was adopted and a compensation of Rs.1,92,000/- was awarded for the loss of dependency. As the deceased was a vegetable merchant, we feel that his monthly income can be reasonably fixed at Rs.2500/- which comes to Rs.30,000/- per annum. After deducting 1/3rd for his personal expenses, the balance amount of Rs.20,000/- can be taken as his annual contribution to his family. The multiplier adopted as 16 is not seriously challenged. Thus calculated, for the loss of dependency the claimants are entitled to a compensation of Rs.3,20,000/- (20,000x16). Thus on this count the claimants are entitled to an additional compensation of Rs.1,28,000/-. 8. The Tribunal awarded Rs.15000/- for loss of love and affection which appears to be very low. Taking into consideration the M.A.C.A. 1873 of 2005 4 age of the claimants, we feel that a compensation of Rs.25,000/- would be reasonable on this count. Thus on this count the claimants are entitled to an additional compensation of Rs.10,000/- 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. 9. Thus the claimants are entitled to an additional compensation of Rs.1,38,000/-. They are entitled to interest @ 8% per annum from the date of petition till realisation and proportionate cost. The 6th 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 mt/-