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 15TH MARCH 2010 / 24TH PHALGUNA 1931 MACA.No. 159 of 2009() ---------------------- OPMV.1503/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONERS: -------------- 1. ABDURAHIMAN, HAFNAS HOUSE, SHERRYERIPOYIL, ATHOLI, KOZHIKODE NOW RESIDING AT NIBAS NIBAS MUTHIRAKALAYIL, ERANHIKKAL, KOZHIKODE. 2. HAFSATH, W/O.ABDURAHIMAN, -DO- -DO- 3. THANHAAZMI, D/O.ABDURAHIMAN, -DO- -DO- BY ADV. SRI.V.KRISHNA MENON RESPONDENT(S): RESPONDENTS: --------------- 1. KUNHIPARAMBATH SIVADASAN, S/O.CHANDUKUTTY, SAROJINI, KUNIPARAMBATH HOUSE, KOTTAYAM MALABAR AMSOM DESOM, KOOTHUPARAMBA, KANNUR DISTRICT. 2. ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE - 2, P.B.NO.437, RAS BUILDING, SOUTH BAZAR, KANNUR. 3. SAINABA, W/O.P.C.BAVA, JISHA HOUSE, PANTHEERANKAVU, KOZHIKODE. 4. P.JAFFER, S/O.MOIDEENKUTTY, MINARVA HOUSE, SABNUNA NIVAS, PANTHEERANKAVU, KOZHIKODE. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.K.M.FIROZ FOR R3 & 4 SMT.M.SHAJNA FOR R3 & 4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 159 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.1503 of 2002 of the Motor Accidents Claims Tribunal, Kozhikode challenge the award of the Tribunal dated December 13, 2007, awarding a compensation of Rs.1,57,000/- for the loss caused to them, on account of the death of Shehadad in a motor accident. 2. The facts leading to this appeal in brief are these:- Claimants are parents and sister of the deceased Shehadad. The deceased was aged 8 at the time of the accident. On October 28, 2001 a car bearing registration No.KL14 A 8953, in which deceased was travelling, collided head on with a bus bearing registration No. KL13 D 3375 at Chemancheri. He sustained serious injuries and succumbed to the injuries sustained by him. Respondent Nos.1 and 2 as the owner and insurer of the bus and respondent Nos.3 and MACA 159/09 2 4 as owner and driver of the car are jointly and severely liable to pay the compensation to the claimants. The accident occurred due to the negligence on the part of the drivers of both the vehicles. The claimants claimed a compensation of Rs. 3 lakhs. 3. The O.P.(MV) was tried jointly along with other connected cases. In the original petition Exts.A1 to A3 were marked on the side of the claimants and Exts.B1 to B3 were marked on the side of the respondents. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.1,57,000/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel appearing for the appellants and the learned counsel appearing for respondents 2 to 4. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the both the drivers of the vehicles is not MACA 159/09 3 seriously 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.1,57,000/-. The break up of the compensation awarded is as under:- Loss of dependency : Rs.1,50,000/- Love and affection : Rs.3,000/- Funeral expenses : Rs.1,000/- Transportation : Rs.1,000/- Pain and suffering : Rs.2,000/- ------------------ Rs.1,57,000/- ======== 7. The learned counsel for the appellants sought enhancement of the compensation awarded for the loss of dependency, loss of love and affection and for pain and suffering. The deceased was a boy aged 8, which is not disputed. The Tribunal took the notional income of the boy as Rs.15,000/- per annum and adopted a multiplier of 15 as shown in the Second Schedule to the Motor Vehicles Act and after deducting 1/3rd for the personal expenses awarded MACA 159/09 4 Rs.1,50,000/- for loss of dependency, which appears to be reasonable. Therefore, on this Count the claimants are not entitled to any enhanced compensation. 8. For the loss of love and affection Rs.3,000/- was awarded by the Tribunal, which appears to be very low. The deceased being the only son of his parents, we feel that a compensation of Rs.15,000/- would be reasonable on this count. For pain and suffering, the Tribunal awarded only Rs.2,000/-, which, in our view, is inadequate. Taking into consideration the fact that the deceased sustained serious injuries, we feel that a compensation of Rs.7,500/- would be reasonable on this count. Regarding the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 9. Therefore, the claimants are entitled to an additional compensation of Rs.17,500/- with interest at 9% p.a. from the date of petition till realization with proportionate costs. The order of the Tribunal is modified as found above. The second respondent Insurance Company MACA 159/09 5 shall deposit 50% of the amount awarded and respondents 3 and 4 shall deposit the remaining 50% 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. In the result, the appeal is disposed of as above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.