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 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 MACA.No. 577 of 2006(G) ----------------------- OPMV.792/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. ABOOBACKER MAULAVI, S/O.KUNHAMAD MUSLIYR MUTHANIL HOUSE, CHERLADKA, P.O.ULLODI, KUMBLA, KASARAGOD. 2. ALEEMA UMMA, W/O.KUNHAMAD MUSLIYR, MUTHANIL HOUSE, CHERLADKA, P.O.ULLODI, KUMBLA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): RESPONDENTS -------------------------- 1. SUDHER @ SUDHEER KUMAR, S/O.KRISHNADASAN,SHEEBA NILIYAM, NEAR CAREWELL HOSPITAL,RAMANATTUKARA. 2. K.KRISHNAN, S/O.KADUNGI, KILIVAYIL HOUSE, P.O.IRINGALLUR, VENGARA, MALAPURAM DIST. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, KOZHIKODE. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.577 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)792/2001 on the file of the Motor Accidents Claims Tribunal, Kasargod. They are the parents of deceased Shibuluddin who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated August 22, 2005 awarding a compensation of Rs. 2,08,500/- for the loss caused to them on account of the death of deceased in that accident. 2. On March 11, 2001, while the deceased was travelling in a bus bearing Reg.No.KL 11 E.3987 from Thirur to Thalassery and when he reached at Pookiparamba, the bus dashed against a car and capsized. 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 bus, the first respondent, the claimants filed the OP under Sec.163 A of the Motor Vehicles Act claiming a compensation of Rs.6,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending bus remained absent before the Tribunal. The third MACA.No.577/2006 2 respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. Exts.A1 to A11 were marked on the side of the claimants before the Tribunal. No evidence was adduced by 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.2,08,500/- with interest at the rate of 9% per annum from the date of petition till 31/12/2004 and @ 6% per annum thereafter till realisation. 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. As this is a claim under Section 163 A of Motor Vehicles Act, the question of negligence does not arise in this case. 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 MACA.No.577/2006 3 Rs.2,08,500/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.2,04,000/- Funeral expenses - Rs. 2,000/- Loss of estate - Rs. 2,500/- 8. Counsel for the claimants sought enhancement of the compensation for loss of dependency. 9. The Tribunal took the monthly income of the deceased as Rs.1,500/- which works out to Rs. 18,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 12,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 17 as shown in Second Schedule to the Act and awarded Rs. 2,04,000/- for the loss of dependency. The deceased was aged 21 at the time of the accident and was working as a teacher in a Madrasa at Tirur earning Rs.3,000/- per month, according to the claimants. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,000/- which comes to Rs. 36,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 24,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 17 MACA.No.577/2006 4 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 4,08,000/- ( 24,000 x 17). Thus on this count, the claimants are entitled to an additional compensation of Rs.2,04,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the claimants are found entitled to an additional compensation of Rs. 2,04,000/-. They are entitled to interest @ 9% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. They are also entitled to 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.577/2006 5 MACA.No.577/2006 6