IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 MACA.No. 1730 of 2008() ----------------------- OPMV.103/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/CLAIMANT -------------------------------- 1. SEENA, AGED 30 YEARS, W/O.LATE SANTHOSH, VADAKKATHUMANNUMMAL HOUSE, NAMBAZHIKAD.P.O, VIA MATTOM, THRISSUR DISTRICT. 2. MINOR LAKSHMI, AGED 6 YEARS, D/O.LATE SANTHOSH, REPRESENTED BY FIRST PETITIONER MOTHER AND GUARDIAN OF MINOR LAKSHMI. 3. MINOR MALAVIKA, AGED 3 YEARS, D/O.LATE SANTHOSH, REPRESENTED BY FIRST PETITIONER MOTHER AND GUARDIAN OF MINOR MALAVIKA. 4. MINOR UNNIKRISHNAN, AGED 8 MONTHS, S/O.LATE SANTHOSH, REPRESENTED BY FIRST PETITIONER MOTHER AND GUARDIAN MINOR UNNIKRISHNAN. ] 5. NARAYANAN AGED 72 YEARS, VADAKKATTUMANNUMMAL HOUSE, NAMBAZHIKAD.P.O, VIA MATTOM, THRISSUR DISTRICT. 6. REMANY NARAYANAN, AGED 60 YEARS, W/O.NARAYANAN VADAKKATHUMANNUMMAL HOUSE, NAMBAZHIKAD.P.O, VIA MATTOM, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU MACA.NO.1730/2008 RESPONDENT(S): RESPONDENTS -------------------------- 1. K.S.RAMACHANDRA KURUPPU, ANANDHA BHAVAN, KALLAMTHAZHAM.P.O, KOLLAM-4. 2. C.SIVAPRASAD, S/O.M.CHELLAPPAN PILLAI, SREENIDHI, KILIYALLOOR VILLAGE, IRATTAKULANGARA DESOM, KOLLAM DISTRICT. 3. NATIONAL INSURANCE CO.LTD, DIVISION OFFICE, P.B.NO.157, 1ST FLOOR,PRABHAKARAN PILLAI BHAVAN, HOSPITAL ROAD, KOLLAM. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1730 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.103/2005 on the file of the Motor Accidents Claims Tribunal, Thrissur. They are the wife, children and parents of deceased Santhosh who died in a motor accident. On May 25, 2004, while Santhosh was riding his motor cycle along public road and reached near Kaiparambu, he was knocked down by the lorry bearing Reg.No.KL 2/B 910 driven by the first respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the lorry, the first respondent, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.40,00,000/-. 2. Respondents 1 and 2, the driver and the owner of the offending lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement MACA.No.1730/08 2 admitting the policy of the lorry. 3. PW1 was examined and Exts.A1 to A6 were marked on the side of the claimants before the Tribunal. Exts.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.10,49,500/- with interest at the rate of 7% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellants/claimants and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the driver of the lorry is 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 Rs.10,49,500/- The break up of the compensation amount awarded is as under: MACA.No.1730/08 3 Loss of earning - Rs. 6,000/- Exp. for transportation - Rs. 500/- Damage to clothing - Rs. 1,000/- Exp. for treatment - Rs.1,81,000/- Exp. for bystander - Rs. 3,000/- Exp. for funeral - Rs. 5,000/- Pain and suffering - Rs. 20,000/- Loss of love and affection - Rs. 15,000/- Loss of dependency - Rs.7,68,000/- Loss of estate - Rs. 30,000/- Loss of consortium - Rs. 20,000/- 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency, for loss of love and affection and for pain and suffering endured by the deceased . 8. The Tribunal took the monthly income of the deceased as Rs.6,000/- and after deducting 1/3 for his personal expenses, the balance amount of Rs. 4,000/- was taken was his monthly contribution to his family and adopted a multiplier of 16 and awarded Rs. 7,68,000/- for the loss of dependency. The deceased was working as an Area Sales Manager in M/s.Smith and Nephew Health Care Private Limited and used to earn Rs. 35,000/- per month, according to the claimants. They produced Ext.A15, the pay slips issued from the company. Ext.A11, the details regarding the remuneration and benefits MACA.No.1730/08 4 received by the deceased, shows that he had a basic salary of Rs. 5440/-with allowances which come to Rs. 8209/- per month. Taking into consideration all these aspects, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 6,500/- which comes to Rs. 78,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 52,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 16 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 8,32,000/- ( 52,000 x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.64,000/-. 9. For loss of love and affection, Rs. 15,000/- was awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the age of the claimants, we feel that a compensation of Rs. 30,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.15,000/-. 10. For the pain and suffering endured, Rs. 20,000/- was awarded by the Tribunal which appears to be very low. Taking into MACA.No.1730/08 5 consideration the fact that deceased was hospitalised for one month, we feel that a compensation of Rs. 50,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.30,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimants are found entitled to an additional compensation of Rs. 1,09,000/-. They are entitled to interest @ 7% 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.1730/08 6