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 18TH FEBRUARY 2010 / 29TH MAGHA 1931 MACA.No. 460 of 2005() ---------------------- OPMV.429/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. POKKAN, 55 YEARS, S/O. KANARAN, CHALIL HOUSE, P.O. AYENCHERI, VATAKARA TALUK, KOZHIKODE DISTRICT-673 544. 2. NARAYANI, AGED 40 YEARS, W/O. POKKAN CHALIL HOUSE, P.O. AYENCHERI, VATAKARA TALUK, KOZHIKODE DISTRICT-673 544. 3. RAJESH, AGED 22 YEARS, S/O. POKKAN, CHALIL HOUSE, P.O. AYENCHERI, VATAKRA TALUK, KOZHIKODE DISTRICT-673 544. 4. SHOBHA, 25 YEARS, D/O. POKKAN, CHALIL HOUSE, P.O. AYENCHERI, VATAKARA TALUK, KOZHIKODE DISTRICT-673 544. 5. ALJESH, 16 YEARS (MINOR), S/O. POKKAN, CHALIL HOUSE, P.O. AYENCHERI, VATAKARA TALUK KOZHIKODE DISTRICT-673 544. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS --------------- 1. K. MOHANDAS SHETTY, 54 YEARS, S/I, V, SADASIVAN SHETTY, KOTTARA HOUSE, P.O. MOODSHEDD, MANGALORE (R.C.OWNER OF THE KA-19-5461 NO. LORRY) MACA.NO.460/05 2. P.M. SATHEESH KUMAR, S/O. PERNA POOJARI J.B. SERVICE STATION, NEAR NMC TRANSPORT OFFICE PANAMBOOR, MANGALORE (DRIVER OF THE LORRY KA-19-5461). 3. THE NATIONAL INSURANCE CO.LTD., 1ST FLOOR, EMJAY'S COMPLEX, OPP.NETHRAVATHI BUILDING, BALMATTA, MANGALORE-575 001, (POLICY NO.602307/98/6323712/REN.OF 97 (6319075), VALID FROM 16-9-98 TO 15-9-99). ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.460 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.429/1999 of Motor Accidents Claims Tribunal, Vadakara challenges the judgment and award of the Tribunal dated February 20, 2004 awarding a compensation of Rs. 2,58,000/- for the loss caused to them on account of the death of deceased Babu. Appellants 1 and 2/claimants 1 and 2 are the parents and appellants 3 to 5/claimants 3 to 5 are the brothers and sisters of the deceased. 2. The facts in brief are these : On March 4, 1999 at about 11.00 p.m. deceased Babu was driving a jeep bearing Reg.No.KRK 8809 from Vadakara to Ayencheri. When the jeep reached near the National Highway junction at Vadakara, a lorry bearing Reg. No. K- 19 -5461 driven by the second respondent came at a high speed on the opposite side and collided head on with the jeep driven by the deceased . Deceased sustained severe injuries and he succumbed to the injuries sustained on the next day MACA.No.460/05 Page numbers while undergoing treatment at Medical College Hospital, Kozhikode. The deceased was a driver aged 27. Claimants as the dependents and the legal heirs of deceased are entitled to compensation from respondents 1 to 3 , the owner , driver and insurer of the offending vehicle as the accident occurred due to the negligence on the part of the second respondent, the driver of the lorry. 3. Respondents 1 and 2, the owner and driver of the offending lorry remained absent and were set exparte before the Tribunal. Third respondent, the insurer of the offending lorry filed a written statement admitting the policy. Exts.A1 to A8 were marked on the side of the claimants and Ext.B1 was marked on the side of the contesting third respondent. 4. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 2,58,000/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard Sri.Ramesan Nambisan, the counsel for appellants and Sri.Mathews Jacob, learned senior counsel for the Insurance MACA.No.460/05 Page numbers Company. Though notice was served on the first respondent, the owner of the offending vehicle, in this appeal, he remained absent. Notice to second respondent, the driver, is dispensed with as the Insurance Company has admitted policy coverage. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent , the driver of the offending lorry is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation ? 7. The appellants disputed the quantum of compensation awarded for loss of dependency and for loss of love and affection. The Tribunal took the monthly income of the deceased as Rs. 2000/- per month and deducting 1/3 for the personal expenses of the deceased, took Rs. 16000/- as his annual contribution to his family and adopted a multiplier of 15 and awarded Rs. 2,40,000/- for the loss of dependency. Counsel for the appellant submitted that as the deceased was admittedly a driver, the income assessed by the Tribunal is very low. We find MACA.No.460/05 Page numbers force in the above contention. We feel that as a driver, the deceased would have earned Rs. 2500/- per month. Therefore, we fix his monthly income as Rs. 2500/-. Thus, his annual income comes to Rs. 30,000/-. After deducting 1/3 for his personal expenses, Rs. 20,000/- per annum can be treated as his contribution to the claimants. The Tribunal adopted a multiplier of 15 which is not seriously disputed. Thus calculated for the loss of dependency, the claimant is entitled to a compensation of Rs. 3,00,000/- . Thus on this count, the claimant is entitled to an additional compensation of Rs. 60,000/- . 8. The Tribunal awarded only Rs. 5000/- for loss of love and affection which appears to be very low. We feel that a compensation of Rs. 15,000/- would be reasonable on this count. 9. The Tribunal awarded Rs. 1,000/- towards transport to hospital and Rs. 2000/- for funeral expenses and Rs. 10,000/- for pain and suffering which appears to be reasonable and is not questioned by the appellant. In the result, the claimants are entitled to an additional MACA.No.460/05 Page numbers compensation of Rs. 70,000/- . They are entitled to proportionate cost and interest at the rate of 9% per annum from the date of petition till realisation. Third respondent, the insurer of the offending vehicle, will deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment with notice to the claimants. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.460/05 Page numbers