High Court Kerala High Court

Imbichi Koya vs National Insurance Co. Ltd on 23 June, 2010

Kerala High Court
Imbichi Koya vs National Insurance Co. Ltd on 23 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2012 of 2007()


1. IMBICHI KOYA, AGED 59 YEARS,
                      ...  Petitioner
2. KUNHEEBI, AGED 48 YEARS,
3. AMINA, AGED 30 YEARS,
4. MUHAMMED ASKAR, (MINOR), AGED 6 YEARS,
5. ARSINA,(MINOR), AGED 6 YEARS,

                        Vs



1. NATIONAL INSURANCE CO. LTD.,
                       ...       Respondent

                For Petitioner  :SRI.V.N.RAMESAN NAMBISAN

                For Respondent  :SRI.LAL GEORGE

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :23/06/2010

 O R D E R
                   A.K. BASHEER & P.Q. BARKATH ALI, JJ.

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                        M.A.C.A. 2012 of 2007

           ------------------------------------------------------

                         Dated: JUNE 23, 2010

                                 JUDGMENT

Barkath Ali, J.

In this appeal under sec.173 of the Motor Vehicles Act the

claimants in OP(MV) 1361/2003 on the file of the Motor Accidents

Claims Tribunal, Kozhikode, who are the parents, widow and two

minor children of one deceased Muhammad Ali, challenge the

judgment and award of the Tribunal, dated, May 14, 2007 awarding a

compensation of Rs.2,73,000/- for the loss caused to the claimants

on account of the death of Muhammad Ali in a motor accident.

2. The facts leading to this appeal in brief are these: Deceased

Muhammad Ali was aged 29 at the time of the accident and used to

earn Rs.3500/- per month as a salesman, according to the claimants.

The claimants are his parents, wife and two minor children. On April

19, 2003 while the deceased was walking along the Bank road,

Kozhikode, he was knocked down by a motorcycle bearing registration

No.KL 11 D/7241. He sustained fatal injuries and he succumbed to

the injuries sustained while undergoing treatment in the Medical

College Hospital, Kozhikode on April 23, 2003. According to the

claimants the accident occurred due to the negligence on the part of

M.A.C.A. 2012 of 2007 2

the 1st respondent, rider of the motorcycle. Respondent No.1 as the

owner-cum-rider and respondent No.2 as the Insurance Company are

jointly and severally liable to pay compensation to the claimants who

are the dependents and legal heirs of the deceased. The claimants

claimed a compensation of Rs.6 lakhs.

3. Respondent No.1, the owner-cum-rider of the offending

motorcycle, remained absent. Respondent No.2 , the insurer of the

offending motorcycle, filed a written statement admitting the policy

and further contended that there was no negligence on the part of the

1st respondent.

4. Exts.A1 to A3 were marked on the side of the claimant

before the Tribunal. No evidence was adduced by the contesting 2nd

respondent. On an appreciation of evidence the Tribunal found that

the accident occurred due to the negligence on the part of the 1st

respondent and awarded a compensation of Rs. 2,73,000/- with

interest at 6% per annum from the date of petition till realisation and

proportionate costs. 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. The finding of the Tribunal that

M.A.C.A. 2012 of 2007 3

the accident occurred due to the negligence on the part of the 1st

respondent is not challenged in this appeal. Therefore, the only

question which arises for consideration is whether the claimant is

entitled to any enhanced compensation.

7. The Tribunal awarded a total compensation of

Rs.2,73,000/-. The break up of the compensation awarded is as

under:-

dependency              -     Rs.2,52,000/-

pain and suffering      -           5,000/-

medical expenses        -           3,000/-

consortium              -          10,000/-

funeral expenses        -            2,000/-

transportation          -            1,000/-



      8.      The   Counsel    for  the   appellants/claimants  sought

enhancement of the compensation for the loss of dependency and for

the loss of love and affection. The Tribunal took the monthly income

of the deceased as Rs.1750/-, deducted 1/3rd for his personal

expenses, adopted a multiplier of 18 and awarded Rs.2,52,000/- for

the loss of dependency. As the deceased was a salesman earning

Rs.3000/- per month, according to the claimants, we feel that his

monthly income can be reasonably fixed at Rs.3000/-. After deducting

1/3rd for his personal expenses, the balance Rs.2000/- can be taken as

M.A.C.A. 2012 of 2007 4

his contribution to his family. The multiplier adopted by the Tribunal

is not seriously challenged in appeal. Thus calculated, for the loss of

dependency, the claimants are entitled to a compensation of

Rs.4,32,000/- (2000 x 12 x 18). Thus on this count the claimants are

entitled to an additional compensation of Rs.1,80,000/-.

9. The Tribunal did not award any compensation for loss of

love and affection. Taking into consideration the tender age of the

children, we feel that a compensation of Rs.20,000/- would be

reasonable for the loss of love and affection. As regards the

compensation awarded under other heads, we find the same to be

reasonable and therefore we are not disturbing the same.

10. There is another aspect in this case. The Tribunal awarded

interest at the rate of 6% per annum which appears to be very low.

The claimants are entitled to interest at the rate of 7.5% per annum

from the date of petition till realisation for the compensation already

awarded and for the enhanced compensation and proportionate costs.

11. Thus the claimant is entitled to an additional compensation

of Rs.2,00,000/-. Claimants 1 and 2, the parents were aged 55 and

44 at the time of the accident. The 3rd claimant, the mother, has to

look after the children. Therefore their share of the compensation

awarded shall be released to them completely. The 2nd respondent

M.A.C.A. 2012 of 2007 5

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

mt/-