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 23RD MARCH 2011 / 2ND CHAITHRA 1933 MACA.No. 202 of 2004() ---------------------------------- OPMV.247/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): /PETITIONERS: --------------------------------------------- 1. K. MARIYA, W/O. SRI.K. MUHAMMED, AGED 35 YEARS, RESIDING AT KUNNANATE, THACHANATUKARA, POST NATTUKAL, MANNARKKAD. 2. K. MUHAMMED, S/O. SRI.MOINKUTTY, AGED 40 YEARS, RESIDING AT KUNNANATTE, THACHANATTUKARA, NATTUKAL, MANNARKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS: -------------------------------------------------- 1. V.A. CHACKO, VAZHEPARAMBIL HOUSE, PIPE LINE ROAD, MALAPARAMBA, CALICUT. 2. HAMEED, S/O. MOOSA, AGEAD 27 YEARS, VETTOLOTTIL VEEDU, MUNIYAR, MALAPPURAM. 3. ORIENTAL INSURANCE CO. LTD., MAVUR ROAD, CALICUT. R3 BY ADV. SRI JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 202 OF 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 23rd day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.247/2001 on the file of the Motor Accidents Claims Tribunal, Ottapalam. They are the parents of Nouphal @ Kunchappa who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated October 17, 2003 awarding a compensation of ` 1,26,000/- for the loss caused to them on account of the death of Nouphal in that accident. 2. The accident occurred on January 14, 2001 at about 2.30 p.m. at Manalumburam. While deceased Nouphal was walking along the side of the road, he was knocked down by a car bearing registration No.KL-11/H 3242, driven by the second respondent. He sustained very serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on the next MACA 202/2004 2 day. Alleging negligence against the second respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of ` 3 lakhs. 3. Respondents 1 and 2, the owner and the driver of the offending car, remained absent before the Tribunal. The third respondent, insurer of the offending car, filed a written statement admitting the policy, but denied the allegation regarding the negligence of the second respondent. PW1 was examined and Exts. A1 to A6 were marked on the side of the claimants. Ext.B1 was marked on the side of the contesting third respondent. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the second respondent and awarded a compensation of ` 1,26,000/- with interest @ 9% per annum from the date of petition till realization and cost of Rs.1,250/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimants and the MACA 202/2004 3 counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent, driver of the offending car, and that the deceased died as a result of the injuries sustained in the accident are not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of ` 1,26,000/-. Break up of the compensation awarded is as under:- Pain and suffering : ` 10,000 Transport to hospital : ` 1,000 Loss of love and affection : ` 10,000 Loss of estate : ` 2,500 Funeral expenses : ` 2,500 Loss of dependency : ` 1,00,000 ------------------ Total : ` 1,26,000 ======== 7. The counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. MACA 202/2004 4 8. The deceased was aged 19. Therefore, the Tribunal took the annual contribution of the deceased to his family as Rs.10,000/-, adopted a multiplier of 10 and awarded a compensation of ` 1,00,000/- for the loss of dependency. Taking into consideration the fact that the deceased was a boy and having regard to his future prospects in life, we feel that annual contribution to his family can be taken as Rs.15,000/-. Multiplier adopted by the Tribunal as 10 appears to be reasonable, in the light of the fact that his parents were aged 35 and 40 respectively at the time of the accident. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of ` 1,50,000/-. Thus, the claimants are entitled an additional compensation of ` 50,000/- on this count. 9. The Tribunal awarded Rs.5,000/- each to the claimants 1 and 2 towards the loss of love and affection. In the circumstances of the case, we feel that a compensation of Rs.10,000/- each to the claimants towards loss of love and affection would be reasonable. As regards the compensation MACA 202/2004 5 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. 10. In the result, the claimants are found entitled to additional compensation of ` 60,000/- with interest @ 9% p.a. from the date of petition till realization and proportionate costs. The third respondent being the insurer of the offending vehicle 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.