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 22ND DECEMBER 2010 / 1ST POUSHA 1932 MACA.No. 538 of 2009() ---------------------- AGAINST THE ORDER DATED 22/04/2008 IN OPMV.304/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/3RD RESPONDENT -------------- NATIONAL INSURANCE CO.LTD. DIVISIONAL OFFICE, CSI SQUARE, BAKER HILL KOTTAYAM. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/PETITIONERS AND R1 AND R2 --------------- 1. VARTHATTIL ELUMBAN , 55 YEARS 2. PREMA BOTH RESIDING AT KOYATHIYALUNGAL HOUSE, PO PAPPINIPPARA, MALAPPURAM DISTRICT. 3. GIRISH .V, 21 YEARS, S/O.ELUMBAN VARATHETTIL HOUSE, VELLIMUKKU. 4. BINU JOSEPH @ APPACHAN ,S/O.JOSEPH PARAPPATTIYIL HOUSE, POST KOZHUVANAL, KOTTAYAM DISTRICT. 5. A.J.JOSEPH, S/O.JOHN. ALUNKAL HOUSE, POST ANICKADU, ANICADU EAST KOTTAYAM DISTRICT. ADV. SRI.I.DINESH MENON FOR R5 SRI.C.A.NAVAS FOR R2 & 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2010 ALONG WITH MACA NO. 1424 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.Nos.538 & 1424 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2010 JUDGMENT Barkath Ali, J. Both these appeals arise out of a common judgment dated April 22, 2008 in O.P.(MV)No.304/2003 and 305/2003 on the file of Motor Accidents Claims Tribunal, Manjeri. The appellants in both these appeals are the third respondent in the O.Ps., M/s. National Insurance Company Ltd. Appellants challenge the judgment and award of the Tribunal awarding a compensation of Rs. 2,75,500/- to the claimants in O.P.(MV)No.304/2003 ( respondents 1 to 3 in the appeal M.A.C.A.No.538/2009) and Rs. 3,80,500/- to the claimants in O.P. (MV)No.305/2003( respondents 1 to 5 in the appeal M.A.C.A. No.1424/2009) for the loss caused to them on account of the death of deceased Suresh and Basheer respectively in a motor accident. 2. The accident happened on January 20, 2003 at about 12.15 a.m . The Maruthi car bearing Reg.No. KL 4 L 1584 in which deceased Suresh and Basheer were travelling collided head on with the bus bearing Reg.No.KL 5 J 7491 driven by first respondent at Changuvetti MACA.No.538 & 1424 of 2009 2 near Kottakkal. Deceased Suresh was driving the car. The deceased persons sustained serious injuries and they succumbed to the injuries sustained while undergoing treatment in the hospital. 3. Alleging negligence against the driver of the bus, the first respondent, the legal heirs of deceased Suresh and Basheer filed the claim petitions before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs.6,00,000/- each. 4. Exts.A1 to A5 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of the driver of the bus, the first respondent and awarded a compensation of Rs.2,75,500/- in O.P.(MV) No.304/2003 and Rs.3,80,500/- in O.P.(MV)No.305/2003 with interest @ 7% per annum from the date of petition till realisation and a cost of Rs. 1,000/- each. The third respondent , the insurer of the bus involved in the accident filed both these appeals challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/Insurance Company and the counsel for the respondents. MACA.No.538 & 1424 of 2009 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the driver of the bus is also not challenged in this appeal. Therefore, the only question which arises for consideration in these appeals is whether the compensation awarded by the Tribunal is excessive. 7. In O.P.(MV)No.304/2003, the Tribunal awarded a total compensation of Rs. 2,75,500/-. The break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs. 1,000/- Funeral expenses - Rs. 2,000/- Pain and suffering - Rs. 5,000/- Loss to estate - Rs. 2,500/- Loss of love and affection - Rs. 5,000/- Loss of dependency - Rs.2,60,000/- 8. The deceased Suresh was aged 27 at the time of accident. The claimants are his parents and brother aged 55, 45 and 21 respectively. No documents were produced to prove his income. Therefore the Tribunal took his income as Rs.2,500/- per month which comes to Rs.30,000/- per annum and after deducting 1/3 for his personal expenses took Rs.20,000/- per annum as his annual contribution to his family. As the deceased was unmarried taking into account the age of his parents the Tribunal took a MACA.No.538 & 1424 of 2009 4 multiplier of 13 and awarded Rs.2,60,000/- for loss of dependency. Taking into consideration that the deceased was a bachelor, that the parents were aged 55 and 45 respectively and that no documents were produced to prove the income of the deceased and in the circumstances of the case, we feel that the compensation awarded by the Tribunal is just and reasonable. 9. In O.P.(MV)No.305/2003, the Tribunal awarded a total compensation of Rs. 3,80,500/-. The break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs. 1,000/- Funeral expenses - Rs. 2,000/- Pain and suffering - Rs. 5,000/- Loss to estate - Rs. 2,500/- Loss of love and affection - Rs. 5,000/- Loss of consortium - Rs. 5,000/- Loss of dependency - Rs.3,60,000/- 10. The deceased in this case was aged 26 at the time of accident. The claimants are his wife aged 22, two minor children aged 4 and 3 respectively, mother aged 45 and sister aged 12 ½. No documents were produced to prove the income of the deceased. Therefore the Tribunal took the income of the deceased as Rs.2,500/- per month which comes to Rs.30,000/- per annum and after deducting 1/3 for his personal expenses MACA.No.538 & 1424 of 2009 5 took the balance amount of Rs.20,000/- as his annual contribution to his family and took a multiplier of 18 and awarded Rs.3,60,000/- for loss of dependency. Taking into account the age of the deceased and claimant and as no documents were produced to prove the income of the deceased and in the circumstances of the case, we feel that the compensation awarded by the Tribunal is just and reasonable. 11. That being so, the appellants in both these appeals are not entitled to any enhanced compensation and consequently both the appeals have to be dismissed. In the result, both the appeals are dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.