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 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 354 of 2004() ---------------------- OPMV.1556/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANTS/APPLICANTS ----------------------------------- 1. P.SELVANAYAKOM, S/O.PONNUMUTHAN NADAR, SELVA MANDIRAM, ANAPPARA, VELLARADA.P.O., THIRUVANANTHAPURAM. 2. C.NESAMMA, W/O.SELVANAYAKOM, SELVA MANDIRAM, ANAPPARA, VELLARADA.P.O., THIRUVANANTHAPURAM. 3. S.N..AUGUSTIN RAJ, S/O.P.SELVANAYAKOM, SELVA MANDIRAM, ANAPPARA, VELLARADA.P.O., THIRUVANANTHAPURAM. 4. S.N.DAVIA RAJ, S/O.P.SELVANAYAKOM, SELVA MANDIRAM, ANAPPARA, VELLARADA.P.O., THIRUVANANTHAPURAM. 5. S.N..FELIX RAJ, S/O.P.SELVANAYAKOM, SELVA MANDIRAM, ANAPPARA, VELLARADA.P.O., THIRUVANANTHAPURAM. 6. S.N.WILFRED RAJ, S/O..P.SELVANAYAKOM, SELVA MANDIRAM, ANAPPARA, VELLARADA.P.O., THIRUVANANTHAPURAM. 7. REXILIN MARY, D/O.P.SELVANAYAKOM, SELVA MANDIRAM, ANAPPARA, VELLARADA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN MACA.NO.354/2004 RESPONDENT(S): RESPONDENTS -------------------------- 1. S.THATCHINAMOORTHY, AHIMSAPURAM III STREET, SELLUR, MADURAI. 2. C.MUKKANDI, 87-A, THIRUMALAPURAM, YADAVAR STREET, SRIVILLIPUTTUR, TAMILNADU. 3. M/S.NATIONAL INSURANCE COMPANY LTD., THIRUVANANTHAPURAM DIVISIONAL OFFICE, II ND FLOOR, KESAVA TOWERS, GANDHARIAMMANCOIL ROAD, PULIMOODU, THIRUVANANTHAPURAM. 4. THE MANAGING DIRECTOR, TAMIL NADU STATE ROAD TRANSPORT CORPORATION, MADURAI DIVISION III, NAGERCOIL. 5. M.MURUKAN, THAVMAIVILAKATHU PUTHEN VEEEDU, ERANIELKONAM, NEYYOOR.P.O. ADV. SRI.LAL GEORGE FOR R3 SRI.SUBHASH CYRIAC FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.354 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.1556/2001 of Motor Accidents Claims Tribunal, Neyyattinkara challenge the judgment and award of the Tribunal dated December 24, 2003 awarding a compensation of Rs. 95,040/- for the loss caused to them on account of the death of deceased Alexraj in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased Alexraj was a Computer Operator aged 39 at the time of the accident and was earning Rs. 5,000/- per month, according to the claimants. Claimants are his parents, brothers and sisters. On September 23, 2001 deceased was travelling in the bus bearing Reg.No.TN-74-N-0801 along Nagercoil-Thirunelveli road driven by the fifth respondent. When he reched near Kalungthapani, a lorry bearing Reg.No.TAU 1933 driven by the second respondent came at a high speed and dashed against the bus in which the claimant was MACA.No.354/04 2 travelling. The claimant sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, accident occurred due to the rash and negligent driving of the offending lorry by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimants. Claimants claimed a compensation of Rs. 7 lakhs. 3. First respondent, the owner of the offending lorry remained absent and was set ex-parte by the Tribunal. No relief was claimed against the second respondent, the driver of the lorry. Respondents 3 and 5, the insurer of the offending lorry and the driver of the bus remained absent and were set ex parte by the Tribunal. The fourth respondent, the owner of the bus filed a written statement admitting the accident and contended that the accident occurred due to the negligence on the part of the driver of the lorry. 4. PW1 was examined and Exts.A1 to A7 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of MACA.No.354/04 3 evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by second respondent and awarded a compensation of Rs. 95,040/- with interest @ 9% per annum from the date of petition till realisation and cost against respondents 1 and 3. 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 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 Tribunal awarded a total compensation of Rs. 95,040/-. The break up of the compensation awarded is as under : Loss of dependency - Rs. 80,040/- Pain and suffering - Rs. 5,000/- Loss of estate - Rs. 5,000/- Funeral expenses - Rs. 5,000/- 8. Counsel for the claimants sought enhancement of the MACA.No.354/04 4 compensation awarded for the loss of dependency, pain and suffering endured , loss of love and affection etc. 9. The Tribunal took the monthly income of the deceased as Rs. 2,000/- and after deducting 1/3 towards his personal expenses, Rs.1334/- was taken as his monthly contribution to his family and adopted a multiplier of 5 and awarded Rs. 80,040/- for the loss of dependency. The deceased was a computer operator. Therefore, we feel that his monthly income can be reasonably estimated at Rs. 2,500/- which works out to Rs. 30,000/- per annum. After deducting 1/3 towards his personal expenses, Rs. 20,000/- can be taken as his annual contribution to his family. The multiplier adopted by the Tribunal as 5 is not seriously challenged in this appeal. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 1,00,000/- ( Rs. 20,000 x 5). Thus on this count, the claimants are entitled to an additional compensation of Rs. 19,960/-. 10. For the pain and suffering endured, the Tribunal awarded a compensation of Rs.5,000/- which appears to be very low. Having regard to the fact that deceased was aged 29 only, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. MACA.No.354/04 5 11. For the loss of love and affection, no compensation was awarded by the Tribunal. Taking into consideration the fact that deceased was aged 29 only, we feel that a compensation of Rs. 15,000/- 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. 39,960/-. They are entitled to 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.354/04 6