High Court Kerala High Court

Rosily Wilson vs M/S. Shiv Keshav Transport No.47 on 13 October, 2010

Kerala High Court
Rosily Wilson vs M/S. Shiv Keshav Transport No.47 on 13 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1525 of 2007()


1. ROSILY WILSON, W/O. WILSON,
                      ...  Petitioner
2. ROSEMY WILSON A., D/O. WILSON,
3. RESMY WILSON A (MINOR), AGED 17 YEARS,

                        Vs



1. M/S. SHIV KESHAV TRANSPORT NO.47,
                       ...       Respondent

2. GANGAPPA, S/O. CHIKKARAMAIAH,

3. MANAGER,

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.LAL GEORGE

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

 Dated :13/10/2010

 O R D E R
             A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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                        M.A.C.A.No.1525 OF 2007
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                 Dated this the 13th day of October, 2010

                                JUDGMENT

Barkath Ali, J.

Appellants are claimants 2 to 4 in OP(MV)74/2001 on the file of

the Motor Accidents Claims Tribunal, Irinjalakuda. They are the

mother and sisters of deceased Rosewill Wilson who died in a motor

accident. The first claimant, the father of deceased, died during the

pendency of the O.P. On May 19, 2005, while the deceased was pillion

riding on the motor cycle bearing Reg.No.KL-8/M 7885 along

Thrissur-Ikkanda Warrier road and reached at Ikkanda Warrier road

junction, he was knocked down by a goods carriage bearing

Reg.No.KA-04/A 2389 driven by the second respondent. The deceased

sustained serious injuries and he succumbed to the injuries sustained

while undergoing treatment in the hospital after two days. Alleging

negligence against the driver of the goods carriage, the second

respondent, the claimants filed the OP under Sec.166 of the Motor

Vehicles Act claiming a compensation of Rs.5,00,000/-.

2. Respondents 1 and 2, the owner and the driver of the

MACA.No.1525/2007 2

offending goods carriage remained absent before the Tribunal. The

third respondent, the insurer of the offending goods carriage filed a

written statement admitting the policy of the goods carriage, but

denied the liability.

3. This O.P. was tried along with the other O.P. filed by the

rider of the motor cycle and a common award was passed. PW1 was

examined and Exts.A1 to A26 were marked on the side of the

claimants before the Tribunal. On an appreciation of evidence the

Tribunal found that the accident occurred due to the negligence of the

second respondent and awarded a total compensation of Rs.1,53,370/-

with cost and interest at the rate of 7% per annum from the date of

petition till realisation. The 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

driver of the goods carriage is not challenged in this appeal. Therefore

the only question which arises for consideration is whether the

claimants are entitled to any enhanced compensation.

MACA.No.1525/2007 3

6. The Tribunal awarded a total compensation of Rs.1,53,370/-

The break up of the compensation amount awarded is as under:

            Extra nourishment            - Rs.   200/-
            Transport expenses           - Rs. 1,000/-
            Funeral expenses             - Rs. 3,500/-
            Medical expenses             - Rs. 6,670/-
            Loss of estate               - Rs. 2,500/-
            Pain and suffering           - Rs. 7,500/-
            Loss of love and affection   - Rs. 12,000/-
            Loss of dependency           - Rs. 1,20,000/-

7. The Counsel for the claimants sought enhancement of the

compensation for the loss of dependency and on other heads.

8. The Tribunal took the monthly income of the deceased as

Rs.1,250/- which comes to Rs. 15,000/- per annum and after deducting

1/3 for his personal expenses, the balance amount of Rs. 10,000/- was

taken was his annual contribution to his family. The Tribunal adopted a

multiplier of 12 and awarded a compensation of Rs. 1,20,000/- for the

loss of dependency. The deceased was aged 20 at the time of the

accident and was not employed. Therefore, his monthly income was

fixed at Rs. 1250/- by the Tribunal. But he was a B.Com. student at the

time of his death. He was the only son of first appellant, the mother.

Taking into consideration that aspect, we feel that his monthly income

can be reasonably fixed at Rs. 2,500/- which comes to Rs. 30,000/- per

MACA.No.1525/2007 4

annum. After deducting 1/3 for his personal expenses, the balance

amount of Rs. 20,000/- can be taken as his annual contribution to his

family. The proper multiplier that can be adopted in this case is 14.

Thus calculated, for the loss of dependency, the claimants are entitled

to a compensation of Rs.2,80,000/- ( 20,000 x 14). Thus on this count,

the claimants are entitled to an additional compensation of

Rs.1,60,000/-. As regards the compensation awarded under other

heads, we find the same to be reasonable and therefore are not

disturbing the same.

9. In the result, the claimants are found entitled to an

additional compensation of Rs. 1,60,000/-. They are entitled to interest

@ 7% per annum from the date of petition till realisation and

proportionate cost. The third respondent 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


sv                                     P.Q.BARKATH ALI, JUDGE

MACA.No.1525/2007    5




sv.

MACA.No.1525/2007    6