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 29TH JULY 2010 / 7TH SRAVANA 1932 MACA.No. 782 of 2004() ------------------------------- OPMV.619/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS -------------------------------------------------------------- 1. VIJAYAMMA, W/O.LATE SUKUMARAN, AGED 57 YEARS, VELOOTHARA HOUSE, SHANKARAPURAM BHAGOM, KURCHI KARA, KURCHI VILLAGE. 2. PUSHPALATHA, D/O.LATE SUKUMARAN, AGED 37, VELOOTHARA HOUSE, SHANKARAPURAM BHAGOM, KURCHI KARA, KURCHI VILLAGE. 3. SAJU.V.S., S/O.LATE SUKUMARAN, AGED 34, VELOOTHARA HOUSE, SHANKARAPURAM BHAGOM, KURCHI KARA, KURCHI VILLAGE. 4. SABU.V.S., S/O.LATE SUKUMARAN, AGED 30, VELOOTHARA HOUSE, SHANKARAPURAM BHAGOM, KURCHI KARA, KURCHI VILLAGE. BY ADV. SRI.K.A.HASSIM RESPONDENT(S): RESPONDENTS --------------------------------------------- 1. SUNILKUMAR, S/O.GOPALAN, DRIVER KL.5/F-1476, PARAPPARAMBIL HOUSE, PATHAMUTTOM KARA, PANACHIKKADU VILLAGE. 2. P.S.KURIAKOSE, S/O.SCARIA (RC OWNER) KUMPADIL HOUSE, PATHEMUTTOM KARA, PANACHIKKADU VILLAGE, KOTTAYAM. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH, KOTTAYAM. ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pkk A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- M.A.C.A No. 782 OF 2004 --------------------------------------- DATED THIS THE 29TH DAY OF JULY, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in OP(MV)No. 619/2000 on the file of Motor Accidents Claims Tribunal, Kottayam who are the mother, sister and brother of deceased Aji challenge the judgment and award of the Tribunal dated January 31, 2004 awarding a compensation of Rs.1,72,000/- for the loss caused to them on account of the death of deceased Aji in a motor accident. 2. The facts leading to this appeal in brief are these: On April 4, 2000 at about 4.45 P.M. while the deceased was driving his autorickshaw bearing registration No.KL5 P/4397, it collied head on with a bus bearing registration No. KL5 F/1476 at O.P Junction, M.C.Road, Kottayam. He sustained serious injuries and he succumbed to the injuries sustained on February 6, 2000 while undergoing treatment at the M.A.C.A NO. 782 OF 2004 2 Medical College Hospital, Kottayam. Claimants have filed O.P before the M.A.C.T, Kottayam claiming a compensation of Rs. 7 lakhs alleging negligence against the first respondent, driver of the offending bus. 3. Respondents 1 and 2, the driver and owner of the offending bus remained absent before the Tribunal and were set ex-parte by the Tribunal. The 3rd respondent, the insurer of the offending bus filed a written statement admitting the policy and further contended that there was also negligence on the part of the driver of the autorickshaw. 4. This O.P was tried jointly along with two other O.Ps filed by other injured persons in the same accident. Exts. A1 to A46 were marked on the side of the claimants. No evidence was adduced by the contesting 3rd respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a compensation of Rs. 1,72,000/- with interest at the rate of 6% per annum from the date of petition till M.A.C.A NO. 782 OF 2004 3 realization and a cost of Rs. 3500/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the 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 first 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. 1,72,000/-. The break up of the award amount is as under: For loss of dependency : Rs. 1,54,000 For pain and sufferings : Rs. 10,000 For love and affection : Rs. 5,000 For funeral expenses : Rs. 2,000 For Transportation : Rs. 1,000 ------------ Total :Rs. 1,72,000 ======= M.A.C.A NO. 782 OF 2004 4 8. The counsel for the claimant sought enhancement of the compensation awarded for loss of dependency, loss of love and affection and loss of estate. 9. The Tribunal took the monthly income of the deceased as Rs. 1750/- which comes to Rs. 21,000/- per month and after deducting 1/3 for his personal expenses, took Rs. 14,000/- per annum as his annual contributions to his family and adopted a multiplier of 11 as his mother was aged 54 at the time of accident and awarded a compensation of Rs. 1,54,000/- for loss of dependency. The deceased was an autorickshaw driver. Ext.A19 is the copy of his driving license. Exts. A16 to A18 show that he is having technical qualifications in Welding technology. Exts. A12 to A15 show that he is an NCC Cadet. Taking into consideration of all these aspects, we feel that his monthly income can be reasonably fixed at Rs. 3,000/- which comes to Rs. 36,000/- per annum. After deducting 1/3 of his personal expenses, balance amount of Rs. 24,000/- per annum can be taken as his annual contributions to his family. The M.A.C.A NO. 782 OF 2004 5 Multiplier of 11 adopted by the Tribunal is not seriously challenged. Thus, calculated, for the loss of dependency, the claimants are entitled to a compensation of Rs. 2,64,000/- (Rs.24,000 x 11). Thus, on this count, claimants are entitled to an additional compensation of Rs. 1,10,000/-. 10. The Tribunal awarded a compensation of Rs. 5,000/- for loss of love and affection. The deceased was the only son of the claimants 1 and 2. Therefore, we feel that a compensation of Rs. 15,000/- would be reasonable for loss of love and affection. Thus, the claimants are entitled to an additional compensation of Rs. 10,000/- on this count. 11. No compensation was seen awarded for loss of estate. In the circumstances of the case, we feel that a compensation of Rs. 2,500/- would be reasonable for loss of estate. As regards, compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. M.A.C.A NO. 782 OF 2004 6 12. Thus, the claimants are found entitled to an additional compensation of Rs. 1,22,500/-. They are entitled to interest @ 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. The appeal is disposed of as found above. A.K. BASHEER Judge P.Q. BARKATH ALI Judge PKK