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 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 746 of 2004() ---------------------- OPMV.1816/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- VASU, AGED 54 YEARS, S/O. VAILOPPILLY RAMAN, PANAMUKKU, NEDUPUZHA, THRISSUR. BY ADV. SRI.K.A.SREEJITH RESPONDENT(S): RESPONDENTS -------------------------- 1. R.RAMARAJ, S/O. RAMASWAMI REDDIAR, CHIDAMBARAPURAM, ARUPPUKOTTAI, TAMILNADU. 2. KUMARASWAMI S/O. GOPALAKRISHNAN, VADAKKAMPETTY PALAPURAM, P.O.THIRUMANGALAM, MADURAI. 3. NATIONAL INSURANCE COMPANY LTD., SIVAKASI BRANCH, 1ST FLOOR, 7/1 WEST CAR STREET, SIVAKASI 626 123. 4. K.JAYAN, KOTTOTHU HOUSE, PAZHANIPURAM P.O. BIYYANPONNAN. 5. ANTONY, S/O. LONAPPAN, THAYYALAKKAL HOUSE, P.O.CHERURKARA, C/O. PONAKKAL VARGHESE. 6. UNITED INIDIA INSURANCE CO.LTD., PRESIDENT BAZAR KURUPPAM ROAD, THRISSUR. ADV. SRI.P.K.MANOJKUMAR FOR R6 SRI.AVM.SALAHUDIN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.746 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV)No.1810/1998 on the file of Motor Accidents Claims Tribunal, Thrissur. They are the parents of deceased Viju @ Vijesh who died in a motor accident which occurred on September 4, 1998 at about 11 p.m. at Kannadi near Palakkad. The accident happened while the Tata Sumo bearing Reg.No.KL-10/F-4185 in which he was travelling collided head on with the lorry bearing Reg.No.TN 57/B-0051. 2. Alleging negligence against the second respondent, the driver of the lorry, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs. 3,84,500/-. The owner, driver and insurer of the jeep were impleaded as respondents 4 to 6 in the O.P. 3. Respondents 1 and 2, the owner and the driver of the lorry remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement MACA.No.746/2004 2 admitting the policy, but contended that there was also negligence on the part of the driver of the jeep. Respondents 4 and 5, the owner and driver of the jeep involved in the accident filed a written statement admitting the accident, but denied the liability. The sixth respondent, the insurer of the jeep admitted the policy. 4. PW1 was examined and Exts.A1 to A13 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent, the driver of the offending lorry and awarded a compensation of Rs. 1,58,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. 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 MACA.No.746/2004 3 second 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 break up of the compensation awarded by the Tribunal is as under : Loss of dependency - Rs. 1,38,000/- Pain and suffering - Rs. 5,000/- Funeral expenses - Rs. 5,000/- Loss of estate and for loss of love and affection - Rs. 10,000/- 8. Counsel for the claimants sought enhancement of the compensation for the loss of dependency, for the pain and suffering endured by the deceased and for loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs.18,000/- and after deducting 1/3 for his personal expenses, the balance amount of Rs. 12,000/- was taken as his annual contribution to his family and awarded Rs. 72,000/- for the first six years. Considering the fact that after the marriage of the deceased, his contribution to the family would have been less, awarded Rs. 66,000/- @ Rs. 6,000/- per annum for 11 years. According to the claimants, deceased was a gold MACA.No.746/2004 4 smith earning Rs. 3,000/- per month. Ext.A10 is the certificate issued by the Fashion Jwellery, Thrissur to that effect. Taking into consideration the above aspect, we feel that monthly income of the deceased can be reasonably fixed at Rs. 2,500/- which comes to Rs.30,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- per annum can be taken as his annual contribution to his family. The deceased was aged 18 at the time of the accident. Taking into consideration the fact that after the marriage, his contribution to his family would have been less, we feel that a multiplier of 12 would be reasonable in this case. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.2,40,000/- ( 20,000 x 12). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,02,000/-. 10. The Tribunal awarded Rs. 5,000/- for the pain and suffering endured by the deceased. In the circumstances of the 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/-. MACA.No.746/2004 5 11. The Tribunal awarded a compensation of Rs. 10,000/- for the loss of estate and for loss of love and affection which appears to be quite inadequate. Taking into consideration the age of the deceased, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12 In the result, the claimants are found entitled to an additional compensation of Rs. 1,17,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third 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 sv. MACA.No.746/2004 6 MACA.No.746/2004 7