IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 846 of 2007()
1. A. BALAN, S/O. KORAN,
... Petitioner
2. V. SREENIVASAN, S/O. A.BALAN,
3. V. LATHIKA KUMARI, D/O. A.BALAN,
4. V. SURENDRAN, S/O.A. BALAN,
5. V. SHYLAJA, D/O. A BALAN,
6. V.DEVADAS, S/O. A. BALAN,
7. V. KANAKALATHA, D/O. A.BALAN,
Vs
1. M.V. ABDUL GAFOOR, S/O. ABDULLA,
... Respondent
2. M. RAMACHANDRAN, S/O. KUNHIRAMAN,
3. THE NEW INDIA ASSURANCE COMPANY LTD.,
For Petitioner :SRI.M.V.AMARESAN
For Respondent :SRI.SUNIL NAIR PALAKKAT
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :04/08/2010
O R D E R
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A No. 846 OF 2007
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DATED THIS THE 4TH DAY OF AUGUST, 2010
J U D G M E N T
Barkath Ali, J.
In this appeal under Section 173 of Motor Vehicles Act,
the claimants 2 to 7 in OP(MV) No. 1253/1999 on the file of Motor
Accidents Claims Tribunal, Thalassery challenge the judgment and
award of the Tribunal dated November 11, 2005 awarding a
compensation of Rs. 1,01,500/- for the loss caused to them on
account of the death of their brother, one Mr. Suguthan in a motor
accident.
2. The facts leading to this appeal in brief are these:
One Mr. Sugathan, aged 39 who was conducting a
technical institution by name Indian Technical School at Mambram
died in a motor accident that occurred on May 2, 1999 at about 5
p.m. at Parathara. The accident happened when a jeep bearing
registration No. KEL 3713 in which he was travelling collided head on
with a bus bearing registration No. KLM 997. Alleging negligence
against 2nd respondent, the driver of the bus. The deceased first
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claimant, the father of the deceased Sugathan filed O.P under
Section 166 of Motor Vehicles Act before the Tribunal claiming a
compensation of Rs. 5 lakhs against respondents 1 to 3, the owner,
driver and insurer of the offending bus.
3. Only the 3rd respondent, the insurer of the offending bus
contested the matter before the Tribunal. The 3rd respondent, the
Insurance company admitted the policy of the offending bus but
attributed negligence on the driver of the jeep involved in the
accident. This O.P was jointly tried along with another O.P filed by
the deceased, the first claimant, claiming a compensation for the
damages caused to the jeep and a common award was passed. PWs
1 to 3 were examined and Exts. A1 to A19 were marked on the side
of the appellants/claimants. No evidence was adduced by the
contesting 3rd respondent. During the pendency of O.P, the first
claimant died and his legal hears were impleaded as supplementary
claimants 2 to 7 in the O.P. On an appreciation of evidence, the
Tribunal awarded a compensation of Rs. 1,01,500/- with interest at
the rate of 6% per annum from the date of petition till 31.12.2001
and thereafter 9% per annum till realization and and proportionate
M.A.C.A No. 846 OF 2007
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cost. Claimants have now come up in appeal challenging the
quantum of compensation awarded by the Tribunal.
4. Heard the 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
2nd respondent, the driver of the offending bus is not challenged in
this appeal. Therefore, the only question which arises for
consideration is whether the appellants/claimants are entitled to any
enhanced compensation ?
6. The Tribunal awarded a total compensation of Rs.
1,01,500/-. The break up of the compensation awarded is as under:
Loss of dependency Rs. 80,000
(16000 x 5)
Loss of earnings Rs. 2,500
Love and affection Rs. 5,000
Pain and sufferings Rs. 10,000
Transportation expenses Rs. 2,000
Funeral expenses Rs. 2,000
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Total Rs.1,01,500
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7. The counsel for the appellants/claimants sought
enhancement of the compensation for the disability caused, loss of
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love and affection and for pain and sufferings endured by the
deceased. The Tribunal took the monthly income of the deceased as
Rs. 2,000/- and after deducting 1/3 of his personal expenses,
Rs.16,000/- per annum was taken as his annual contributions to his
family and adopted a multiplier of 5 and awarded a compensation of
Rs. 80,000/- for loss of dependency. The deceased Sugathan was
conducting an institution by name Indian Technical School,
Mambram which was conducting the courses of Air Conditioning,
Refrigeration, T.V. Mechanic, Driving School etc. Further he is a BSc.
degree graduate and passed Computer programming from L.B.S
institution, Thrivananthapuram and undergone apprenticeship
training at Vikram Sarabai Space Centre at Thiruvananthapuram and
had completed a course in National Trade Certificate in connection
with Mechanic General Electronics from National Council for
Vocational Training as evidenced from Ext.A5 series of certificates.
He was aged 39 at the time of accident. Taking into consideration of
all these aspects, we feel that his monthly income can be reasonably
fixed at Rs. 3,000/- per month which comes to Rs. 36,000/- per
annum. After deducting 1/3 of his personal expenses, Rs. 24,000/-
M.A.C.A No. 846 OF 2007
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per annum can be taken as his annual contributions to his family.
The Tribunal adopted a multiplier of 5. Deceased first claimant was
aged 78 at the time of accident. Taking into consideration of the age
of the deceased the first claimant, we feel that the multiplier adopted
by the Tribunal appears reasonable. Thus calculated, for the
disability caused, claimants are entitled to a compensation of Rs.
1,20,000/- (24,000 x 5). Thus, the claimants are entitled to an
additional compensation of Rs. 40,000/- on this count.
8. For loss of love and affection, the Tribunal awarded only
Rs. 5,000/-. Taking into consideration of the age of claimants, we
feel that a compensation of Rs. 15,000/- would be reasonable on this
count. Therefore, the claimants are entitled to an additional
compensation of Rs. 10,000/-on this count.
9. For pain and suffering endured by the deceased a
compensation of Rs. 10,000/- was awarded by the Tribunal. In the
circumstances of the case, we feel that a compensation of
Rs. 15,000/- would be reasonable on this count. Thus, the claimants
are entitled to an additional compensation of Rs. 5,000/- on this
count.
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10. As regards, the compensation awarded under other
heads, we find the same to be reasonable and therefore, we are not
disturbing the same.
11. In the result, the claimants are entitled to an additional
compensation of Rs. 55,000/-. The Tribunal awarded interest at the
rate of 6% per annum which appears to be very low. Therefore they
are entitled to interest at the rate of 7.5% per annum for the
compensation already awarded and for the enhanced compensation
from the date of petition till realization and proportionate cost. The
3rd respondent, being the insurer of the offending bus 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.
Sd/-
A.K. BASHEER (JUDGE)
Sd/-
P.Q.BARKATH ALI (JUDGE)
pkk