IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 MACA.No. 934 of 2006 ---------------------- (OP(MV).1262/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM) APPELLANTS/PETITIONERS ---------------------------------- 1. S.DEVADASAN, RESIDING AT SNEHALAYAM, KOYIVILA KOLLAM. 2. MERCY WIFE OF S.DEVADASAN, RESIDING AT SNEHALAYAM, KOYIVILA KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS/RESPONDENTS: --------------- 1. G.MADHUSOODANAN NAIR, ANANDA BHAVANAM, NEMAM, THIRUVANANTHAPURAM. 2. ANIL KUMAR, VISHNU BHAVAN, VIVEKANANDA NAGAR, NEMAM, THIRUVANANTHAPURAM. 3. ORIENTAL INSURANCE COMPANY, KOLLAM. R3 BY ADV. SRI.S.MAMMU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 934 of 2006 J U D G M E N T THERE IS NO REPRESENTATION FOR THE APPEALLANT. EARLIER ALSO, ON 18.09.2009, THERE WAS NO REPRESENTATION. EVEN TODAY NONE APPEARS. CALLED THE NAME OF THE PARTIES. ABSENT. APPEAL IS DISMISSED FOR NON-PROSECUTION. Sd/- P.R. RAMAN, JUDGE. 25.11.2009 Sd/- P.R. RAMACHANDRA MENON, JUDGE. /true copy/ P.S. TO JUDGE. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== M.A.C.A. No. 934 of 2006 =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== Dated this the 8th day of April, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.1262 of 2000 of the Motor Accidents Claims Tribunal, Kollam challenge the judgment and award of the Tribunal dated June 8, 2000 awarding a compensation of Rs.1,52,000/- for the loss caused to the claimants, on account of the death of their son Praveen Das in a motor accident. 2. The facts leading to this appeal, in brief, are these:- Deceased Praveen Das was aged 12 at the time of the accident and was studying in Sixth Standard. The claimants 1 and 2 are his parents. On June 5, 2000 at about 6 a.m. the Praveen Das was standing on the side of National Highway in front of Chavara Police Station along with his grandfather, PW2. At that time a tempo van bearing registration No. KL-01-11-8450 came at a high MACA 934/2006 2 speed and knocked him down. He sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, the accident occurred due to the rash and negligent driving of the offending temp van by the second respondent. The first respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending tempo van are jointly and severally liable to pay compensation to the claimants. The claimants claimed a compensation of Rs.7 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending tempo van remained absent and were set ex parte by the Tribunal. The third respondent Insurance Company filed a written statement, admitting the policy and further contending that the accident occurred while the deceased attempted to cross the road and that there was no negligence on the part of the second respondent. 4. PWs. 1 and 2 and Exts. A1 to A7 were marked on the side of the claimants. No evidence was adduced by the MACA 934/2006 3 contesting third respondent. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.1,52,000/- with interest at the rate of 9% p.a. from the date of petition till realization. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellants/claimants and learned counsel for the third 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration in this appeal is whether the claimants are entitled to any enhanced compensation? 7. The Tribunal awarded a total compensation of Rs. 1,52,000/-. The break up of the compensation awarded is as under:- Loss of dependency : Rs.1,32,000/- MACA 934/2006 4 Transportation : Rs.5,000/- Pain and suffering : Rs.5,000/- And funeral expenses. Loss of love and affection : Rs.10,000/- ------------------ Rs.1,52,000/- ======== 8. The learned counsel for the appellants/claimants mainly sought enhancement of the quantum of compensation awarded for loss of dependency. As the deceased was aged 12, the Tribunal took notional monthly income of the deceased as Rs.1,000/-. The Tribunal adopted a multiplier of 11 and awarded a compensation of Rs.1,32,000/- towards loss of dependency. The appellants produced copies of their Secondary School Leaving Certificates, which would show that on the date of the accident they were aged 40 and 35 respectively. As per the Second Schedule of the Motor Vehicles Act, the notional income of a person below the age of 15 has to be taken Rs.15,000/- per annum and the multiplier that has to be taken as 15. Thus, calculated for the loss of dependency, the compensation comes to Rs.1.50,000/-, after MACA 934/2006 5 deducting 1/3rd towards personal expenses of the deceased. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 9. In the result, the claimants are entitled to an additional compensation of Rs.18,000/-. They are entitled to interest at 9% per annum from the date of petition till realization and proportionate cost. The third respondent, being the insurer of the offending vehicle, shall deposit the amount within two months from the date of receipt of copy of this judgment before the Tribunal with notice to the claimants. The award of the Tribunal is modified to the above extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn