IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 MACA.No. 226 of 2004(B) ----------------------------------- [O.P(MV).NO.3592/1996 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM] .................... APPELLANTS/CLAIMANTS IN THE O.P: -------------------------------------------------------- 1. P.P.ABDUL RAHIMAN, AGED 76 YEARS, FATHER OF THE DECEASED MUHAMMADALI, PAZHANGATTU MOOLAYIL HOUSE, NEAR N G O QUARTERS, BMC P.O., COCHIN-21 2. SUHARA, AGED 40 YEARS, WIDOW OF THE DECEASED MUHAMMADALI, PAZHANGATTU MOOLAYIL HOUSE, NEAR N G O QUARTERS, BMC P.O., COCHIN-21 3. NASEERA, AGED 22 YEARS, D/O. DECEASED MUHAMMADALI, PAZHANGATTU MOOLAYIL HOUSE, NEAR N G O QUARTERS, BMC P.O., COCHIN-21 4. NASEEB, AGED 19 YEARS, S/O. DECEASED MUHAMMADALI, PAZHANGATTU MOOLAYIL HOUSE, NEAR NGO QUARTERS, BMC P.O., COCHIN-21 5. NASEENA (MINOR) AGED 15 YEARS, D/O. DECEASED MUHAMMADALI, REPRESENTED BY HER GUARDIAN AND GRANDFATHER ABDUL RAHIMAN, THE 1ST APPELLANT HEREIN PAZHANGATTU MOOLAYIL HOUSE, NEAR NGO QUARTERS, BMC P.O., COCHIN-21. BY ADVS. SMT.M.A.VAHEEDA BABU, SRI.M.A.ABDUL HAKHIM. RESPONDENTS/RESPONDENTS IN O.P: --------------------------------------------------------- 1. SRI.VINOD N.K. S/O. KESAVAN, CHAKKALAPARAMBIL HOUSE, NILAMPATHINJAMUGHAL, KUSUMAGIRI P.O., KAKKANAD. M.A.C.A. NO.226/2004-B: 2. SRI.BENNY C.JOHN, CHAKKALAMOOLAYIL HOUSE, KUSUMAGIRI P.O., KAKKANAD, KOCHI-13. 3. THE UNITED INDIA INSURANCE COMPANY, K.A.P.COMMERCIAL CENTRE, R.S.ROAD, ALWAYE-1 4. K.A.XAVIER, KALATHIPARAMBIL HOUSE, PUTHUVYPE P.O., VYPIN. 5. THE UNITED INDIA INSURANCE COMPANY, LAYAM ROAD, THRIPUNITHURA. R4 BY ADVS. SRI.SHAIJAN C.GEORGE, SMT.S.REKHA KUMARI, SRI.ABHISHEK KURIAN, R5 BY ADV. SRI.T.V.AJAYAKUMAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 226 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 22nd day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No. 3592 of 1996 on the file of the Motor Accidents Claims Tribunal, Ernakulam. They are the parents, widow and children of the deceased Mohammedali, who died in a motor accident that occurred on June 26, 1996 at about 5.50 p.m. In this appeal the claimants challenge the judgment and award of the Tribunal dated March 22, 2003 awarding a compensation of Rs.2,28,000/- for the loss caused to them on account of the death of one Mohammedali in a motor accident. 2. The accident happened while deceased Mohammedali was pillion riding on a motor cycle bearing registration No.KL-7/8318. When he reached Kunnupuram at Padamugal, a stage carriage bus bearing registration No.KL-7G/1584, driven by the 1st respondent, hit the motor cycle, as a result of which he sustained fatal injuries and he MACA 226/2004 2 succumbed to the injuries on the way to the hospital. Alleging negligence against the 1st respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.15,00,000/-. 3. Respondents 1 and 2 remained absent before the Tribunal. The 3rd respondent, insurer of the offending bus, filed a written statement, admitting the policy. 4. PWs.1 and 2 were examined and Exts. A1 to A12 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to the negligence of the 1st respondent, driver of the offending bus, and awarded a compensation of Rs.2,28,000/- with interest at the rate of 9% per annum from the date of petition till realization and proportionate cost. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the MACA 226/2004 3 appellants/claimants and the learned counsel for 3rd respondent/Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent, driver of the offending bus, 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..2,28,000/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.1,92,000/- Transport to hospital and : Rs. 3,000/- for carriage expenses. Funeral expenses : Rs. 3,000/- Pain and suffering : Rs. 5,000/- Loss of consortium : Rs. 15,000/- Loss of love and affection : Rs. 10,000/- ------------------ Total : Rs.2,28,000/- ======== 8. The learned counsel for the appellants sought enhancement of compensation awarded by the Tribunal for MACA 226/2004 4 the loss of dependency, loss of love and affection, loss of consortium and for pain and suffering endured by the deceased. 9. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses, balance amount of Rs.1,000/- was taken as his monthly contribution to his family. The Tribunal adopted a multiplier of 16 and awarded Rs.1,92,000/- for the loss of dependency. The deceased was working as a Heavy Duty Driver under one P.K. Basheer and was earning Rs.4,000/- per month. He was also engaged auto business, according to the claimants. Taking into consideration the above aspect, we feel hat his monthly income can reasonably be fixed at Rs.4,000/-. After deducting 1/3rd for his personal expenses, balance amount of Rs.32,000/- can be taken as his annual contribution to his family. As the deceased was aged 37 at the time of his death, multiplier of 16 adopted by the Tribunal appears to be reasonable. Thus, MACA 226/2004 5 for loss of dependency, the claimants are entitled to a compensation of Rs.5,12,000/- (Rs.32,000 x 16) Thus on this count the claimants are entitled to an additional compensation of Rs.3,20,000/-. 10. The Tribunal awarded Rs.5,000/- towards loss of consortium. Taking into consideration the age of the widow, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 11. The Tribunal awarded Rs.10,000/- towards the loss of love and affection. Having regard to the age of the claimants, we feel that a compensation of Rs.25,000/- would be reasonable 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. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 12. In the result, the claimants are found entitled to MACA 226/2004 6 additional compensation of Rs.3,50,000/- with interest at 9% 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.