IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q. BARKATH ALI. WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 MACA.No. 2030 of 2006() --------------------------------- OPMV.1363/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANTS/PETITIONERS ------------------------------------- 1.P.S.MINI, W/O. JAYAPRAKASAN PILLAI, MANNOOR THEKKATHIL, MUTHUPILAKKADU WEST, SASTHAMCOTTA VILLAGE. 2.LEKSHMI PRAKASH (MINOR), REP. BY HER MOTHER P.S.MINI, MANNOOR THEKKATHIL, MUTHUPILAKKADU WEST, SASTHAMCOTTA VILLAGE. 3.KAMALAMMA, MANNOOR THEKKATHIL, MUTHUPILAKKADU WEST, SASTHAMCOTTA VILLAGE. 4.NARAYANA PILLAI, MANNOOR THEKKATHIL, MUTHUPILAKKADU WEST, SASTHAMCOTTA VILLAGE. BY ADV. SRI.K.S. MANU (PUNUKKONNOOR) RESPONDENTS/ RESPONDENTS: --------------------------------------------- 1.MANOJ KUMAR, S/O. BALAN NAMBIAR, MUNDAYATHU HOUSE, AATHILA P.O., PAZHANGADI, KANNOOR. 2.HINDUSTHAN CONSTRUCTION COMPANY LTD., ENNORE ROCK QUARRING TRANSPORTATION PROJECT, P.O. BOX NO.3, SHOLINAGAR, N.A.A. DT., TAMIL NADU. 3.THE ORIENTAL INSURANCE COMPANY LTD., ORIENTAL HOUSE, 3RD FLOOR, 7, JAMSHEDJI TATA ROAD, CHURCH GATE, BOMBAY. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------------ M.A.C.A NO. 2030 OF 2006 -------------------------------------- DATED THIS THE 17TH DAY OF MARCH 2010 JUDGMENT ---------------- Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV) No. 1363/1998 on the file of Motor Accidents Claims Tribunal, Kollam challenge the judgment and award of the Tribunal dated 14.2.2006 granting a compensation of Rs. 2,86,500/- for the loss caused to them on account of the death of deceased Jayaprakasan Pillai @ J.P. Pillai in a motor accident. 2. The facts leading to this appeal in brief are these: Deceased Jayaprakasan Pillai was aged 30 at the time of accident and was employed in Hindustan Construction Company and was earning Rs. 3,333/- as net salary. Claimants are his wife, minor daughter and parents. On December 1997 at about 1 P.M, deceased was travelling in a Jeep bearing Registration No. T. N-09-H-8743 driven by the 1st respondent. When it reached M.A.C.A NO. 2030 OF 2006 2 Karikkal, it capsized by the side of the road causing serious injuries to the deceased. He succumbed to the injuries sustained while undergoing treatment at Christian Medical College Hospital, Vellore. The accident occurred due to rash and negligent driving of offending jeep by 1st respondent. The first respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimants. 3. Respondents 1 and 2, the driver and owner of the offending jeep remained absent and were set ex-parte by the tribunal. The 3rd respondent, insurer of the offending jeep filed a written statement admitting the policy. 4. The first claimant was examined as PW1 and Exts. A1 to A7 were marked on the side of the claimants before the tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence, awarded a compensation of Rs.2,86,500/- with interest at the rate of 7.5% per annum from M.A.C.A NO. 2030 OF 2006 3 the date of the claim petition till realization. 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 3rd respondent, 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, the driver of the offending jeep, 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. 2,86,500/- The break up of the award amount is as under: Loss of dependency Rs. 2,71,932/- Funeral expenses Rs. 2,000/- Loss of estate Rs. 2,500/- Pain and suffering Rs. 5,000/- Loss of consortium Rs. 5,000/- M.A.C.A NO. 2030 OF 2006 4 8. The Tribunal took the monthly income of the deceased as Rs. 2,000/- and after deducting 1/3 as his personal expense, Rs. 1,333/-was taken as the monthly contribution of the deceased to his family. Taking into consideration the age of the deceased as 30, the Tribunal took the multiplier as 17 which is not seriously disputed. Thus the Tribunal has awarded Rs. 2,71,932/- towards loss of dependency. 9. Taking into consideration the fact that the deceased was employed in Hindustan Construction Company as seen from the pay slip issued from the Company (Ext.A5), we feel that the monthly income can be reasonably fixed as Rs. 2,750/-. After deducting 1/3 towards his personal expenses, remaining 2/3 ie. Rs. 1833/- per month can be taken as the contribution of the deceased to his family. Multiplier adopted by the Tribunal as 17 is not seriously disputed. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,73,932/- M.A.C.A NO. 2030 OF 2006 5 (1833 x 12 x 17 ). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,02,000/- 10. The Tribunal awarded Rs. 2,000/- for funeral expenses, Rs. 5,000/- for loss of consortium, Rs. 2,500/- for loss of estate and Rs. 5,000/- for pain and suffering. As the application was filed under Section 173 of the Motor Vehicles Act, there is no provision under the Act for awarding compensation for pain and suffering in a fatal accident case. Therefore, claimants are not entitled to get Rs. 5,000/- awarded under the head pain and suffering. As regards the compensation awarded under other heads, we find the same to be reasonable. Therefore, we are not disturbing the same. 11. In the result, claimants are found entitled to an additional compensation of Rs. 97,000/-. They are entitled to interest @ 9% 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 M.A.C.A NO. 2030 OF 2006 6 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