IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 428 of 2004()
1. SARASAMMA, AGED 55, W/O. CHELLAPPAN NAIR
... Petitioner
2. SUNIL KUMAR, AGED 27, S/O. CHELLAPPAN
3. SUMESH, AGED 21, DO.
Vs
1. M.K. VIJAYAN, S/O. MANIYAN,
... Respondent
2. K.G. JOHN, S/O. GEEVARGHESE,
3. BRANCH MANAGER, UNITED INDIA
4. SUNNY K.M., S/O. MANY,
5. K.P. ELIAS, S/O. K.N. PATHROSE,
6. BRANCH MANAGER, UNITED INDIA
7. PADMINI AMMA, PADMINI NILAYAM
8. RADHAKRISHNAN NAIR, PARVATHY BHAVAN,
9. SREENIVASAN NAIR, C/O. SAVITHRI S. NAIR,
For Petitioner :SRI.S.GOPAKUMARAN NAIR (SR.)
For Respondent :SRI.T.C.GOVINDA SWAMY
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :16/06/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No. 428 of 2004
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Dated this the 16th day of June, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under section 173 of the Motor
Vehicles Act claimants in O.P.(MV) No.917/1994 of the
Motor Accidents Claims Tribunal, Mavelikara challenge the
judgment and award of the Tribunal dated July 4, 2003
awarding a compensation of Rs.1,69,000/- for the loss
caused to them, on account of the death of Chellappan Nair
in a motor accident.
2. The facts leading to this appeal in brief are these:-
Deceased Chellappan Nair was aged 45 at the time of the
accident and was earning Rs.2,000/- per month as a Ticket
Collector in a Cinema Theatre and also as an Agriculturist.
On February 28, 1994 he was travelling in a Mini bus
bearing registration KL-4/A 7504 along National Highway
47. At about 8.45 a.m. when the bus reached near
Karuvatta, it collided head on with a tanker lorry bearing
MACA428/2004 2
registration No. KL-8/B 774. Chellappan Nair sustained
serious injuries and he succumbed to the injuries sustained,
while undergoing treatment in the Medical College
Hospital, Alappuzha on the same day. The claimants are his
wife, children and mother. According to the claimants, the
accident occurred due to the negligence on the part of the
first respondent, driver of the offending bus. The first
respondent as the driver, second respondent as the owner
and third respondent as the insurer of the offending bus are
jointly and severally liable to pay the compensation to the
claimants, who are the dependents and legal heirs of the
deceased. Respondents 4 to 6 are owner, driver and insurer
respectively of the tanker lorry involved in the accident. The
claimants claimed compensation of Rs. 3,50,000/-.
3. Respondents 1 and 2, driver and owner of the
offending bus, filed a joint written statement, admitting the
accident, but contended that the accident occurred due to
the negligence on the part of the driver of the tanker lorry.
Respondents 3 and 6, insurer of the bus as well as that of
MACA428/2004 3
the tanker lorry, filed written statement admitting the
policy of the respective vehicles. Respondents 4 and 5, the
driver and owner of the tanker lorry involved in the
accident, remained absent before the Tribunal.
4. PWs.1 and 2 were examined and Exts. A1 to A9
were marked on the side of the claimants. No evidence was
adduced on the side of the respondents. The Tribunal, on an
appreciation of the evidence, found that the accident
occurred due to negligence of first respondent, driver of the
offending bus, and awarded a compensation of Rs.1,69,000/-
with interest at the rate of 9% p.a. from the date of petition
till realization against respondents 1 to 3. The claimants
have come up in appeal, challenging the quantum of
compensation awarded by the Tribunal.
5. During the pendency of the O.P. fourth respondent,
mother of the deceased, died. Her legal heirs were
impleaded as Addl. respondents 7 to 9.
6. Heard the learned counsel for the appellants and
the learned counsel for respondents 1 and 3.
MACA428/2004 4
7. The accident is not disputed. The finding of the
Tribunal that the accident occurred due to the negligence
on the part of the first respondent, driver of the offending
bus, is not challenged in this appeal. Therefore, the only
question, which arises for consideration, is whether the
claimant is entitled to any enhanced compensation ?
8. The Tribunal awarded a total compensation of
Rs.1,69,000/-. Break up of the compensation awarded is as
under:-
Pain and suffering : Rs. 15,000/-
Funeral and transportation : Rs. 6,000/-
Expenses.
Loss of consortium and : Rs. 18,000/-
loss of love and affection.
Total pecuniary loss suffered. : Rs.1,80,000/-
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Total : Rs.2,19,000/-
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9. The learned counsel for the appellants mainly
sought enhancement of compensation awarded by the
Tribunal for the loss of dependency.
10. The Tribunal took the monthly income of the
deceased as Rs.2,200/- and after deducting 1/3 for his
MACA428/2004 5
personal expenses, took Rs.1,500/- as his monthly
contribution to his family and adopted a multiplier of 10
and awarded a compensation of Rs.1,80,000/- for loss of
dependency. Ext.A6,certificate issued by the proprietor,
K.R. Talkies, shows that the deceased was given a salary of
Rs.2,000/- per month. Therefore, the Tribunal is perfectly
justified in taking his monthly income as Rs.2,200/- and
after deducting1/3rd for his personal expenses, taking
Rs.1,500/- as his monthly contribution to his family.
Deceased Chellappan Nair was aged 49 at the time of the
accident. Therefore, the proper multiplier that has to be
adopted in this case is 15. Thus for the loss of dependency,
the claimants are entitled to the compensation of
Rs.2,70,000/- (Rs.1,500/- x 12 x 15). Thus, on this count, the
claimants are entitled to an additional compensation of
Rs.90,000/-. As regards the compensation awarded under
other heads, we find the same to be reasonable and,
therefore, are not disturbing the same. The apportionment
fixed by the Tribunal will stand.
MACA428/2004 6
11. In the result, the claimants are entitled to an
additional compensation of Rs.90,000/- with interest at 9%
p.a. from the date of petition till realization with
proportionate costs. The third 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 above.
A.K.BASHEER, JUDGE.
P.Q.BARKATH ALI, JUDGE.
mn.