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 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 13 of 2003() --------------------- OPMV.1356/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR ................. APPELLANTS / PETITIONERS: ------------------------------------------- 1. JOY ANTONY, S/O. M. ANTONY, MALLIKUNNIL VEEDU, ONTHUPACHATHAKAVAMUN, CHOZHIYACODU P.O., KULATHUPUZHA, KOLLAM DISTRICT. 2. MINOR AKSHAYAMARIAN JOY, D/O. SUJA JOY, 12 YEARS, MALLIKUNNEL VEEDU, ONTHUPACHATHAKARAMON, CHOZHIYACODU P.O., KULATHUPUZHA, KOLLAM DISTRICT. 3. MINOR ASHIK ANTO JOY, S/O. SUJA JOY, AGED 7 YEARS, MALLIKUNNEL VEEDU, ONTHUPACHATHAKARAMON, CHOZHIYACODU P.O., KULATHUPUZHA, KOLLAM DISTRICT. 4. C. JOHN, S/O. CHONAI, LEELABHAVAN, CHIRATTAKONAM, THALACHIRA P.O., VETTIKKARA VILLAGE, KOLLAM DISTRICT. 5. PODIYAMMA, W/O. JOHN, LEELABHAVAN, THALACHIRA P.O., VETTIKKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SMT. MINI S. DAS RESPONDENTS / RESPONDENTS: ----------------------------------------------- 1. THOMAS JOSEPH, S/O. THOMAS, VAYALAMANNIL HOUSE, ANAKKULAM P.O., CHANNAPPETTA, KOLLAM DISTRICT. ...2/- MACA.No. 13 of 2003() -2- 2. ANILKUMAR, S/O. SOMAN, ANJILIMOOTTIL VEEDU, ANAKULAM P.O., CHANNAPPETTA. 3. M/S. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, KOLLAM. R3 BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 13 of 2003 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 13th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No. 1356 of 1999 on the file of the Motor Accidents Claims Tribunal, Punalur. They are the husband, children and parents of deceased Suja Joy, who died in a motor accident that occurred on Setpember 17, 1999 at about 2.15 p.m. at Cheenikkala on the Channappetta – Oonthupacha public road. The accident happened, while she was travelling in a bus bearing registration No.KL/01/D/8778. The bus was driven by the 2nd respondent and it capsized on the road due to the negligence on the part of the 2nd respondent. She sustained fatal injuries and she succumbed to the injuries sustained while undergoing treatment at Medical College Hospital, Alappuzha. Alleging negligence against the 2nd respondent, the claimants filed the O.P. before the Tribunal MACA 13/2003 2 claiming a compensation of Rs.7 lakhs. 2.The 1st respondent, owner of the offending bus admitted the accident, but denied the liability. The 3rd respondent, insurer of the offending bus, filed a written statement, admitting the policy. PWs.1 and 2 were examined and Exts. A1 to A11 were marked on the side of the claimants. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to the negligence of the 2nd respondent and awarded a compensation of Rs.2,03,000/- with interest at the rate of 9% per annum from the date of petition till realization and cost. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 3. Heard the learned counsel for the claimants and the learned counsel for 3rd respondent/Insurance Company. 4. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent, driver of the offending MACA 13/2003 3 bus, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation ? 5. The Tribunal awarded a total compensation of Rs.2,03,000/-. Break up of the compensation awarded is as under:- Transportation : Rs. 1,000/- Funeral expenses : Rs. 2,000/- Loss of love and affection : Rs. 10,000/- Loss of consortium : Rs. 10,000/- Pain and suffering : Rs. 10,000/- Loss of dependency : Rs. 1,70,000/- ------------------ Total : Rs. 2,03,000/- ======== 6. The learned counsel for the appellants mainly sought enhancement of compensation awarded by the Tribunal for the loss of dependency. 7. The Tribunal took the monthly income of the deceased as Rs.1,250/- per month, adopted a multiplier of 17 and awarded a compensation of Rs.1,70,000/- towards the loss of dependency. Deceased was working as an Assistant to a Chartered Accountant, as testified by PW2 MACA 13/2003 4 and as certified in Ext.A9. Taking into consideration the above aspect, we feel that monthly contribution of the deceased to her family can reasonably be fixed at Rs.1,750/-, which comes to Rs.21,000/- per annum. As the deceased was aged only 33 at the time of the accident, multiplier of 17 as adopted by the Tribunal would be reasonable in this case. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.3,57,000/- (Rs.21,000 x 17). Thus the claimants are entitled to an additional compensation of Rs.1,87,000/- on this count. 8. The Tribunal awarded Rs.10,000/- for loss of love and affection. Taking into consideration the age of the claimants, we feel that a compensation of Rs.30,000/- would be reasonable on this count. 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.2,07,000/- with interest @ 9% MACA 13/2003 5 p.a. from the date of petition till date of appeal and @ 7.5% per annum thereafter till realization. The claimants are entitled to proportionate costs. The 3rd respondent/Insurance Company 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. MACA 13/2003 6 A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 13 of 2003 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= JUDGMENT 13 th day of October, 2010