IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 782 of 2004()
1. VIJAYAMMA, W/O.LATE SUKUMARAN,
... Petitioner
2. PUSHPALATHA, D/O.LATE SUKUMARAN,
3. SAJU.V.S., S/O.LATE SUKUMARAN,
4. SABU.V.S., S/O.LATE SUKUMARAN,
Vs
1. SUNILKUMAR, S/O.GOPALAN,
... Respondent
2. P.S.KURIAKOSE, S/O.SCARIA (RC OWNER)
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.K.A.HASSIM
For Respondent :DR.ELIZABETH VARKEY
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :29/07/2010
O R D E R
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A No. 782 OF 2004
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DATED THIS THE 29TH DAY OF JULY, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under Section 173 of Motor Vehicles
Act, the claimants in OP(MV)No. 619/2000 on the file of Motor
Accidents Claims Tribunal, Kottayam who are the mother, sister
and brother of deceased Aji challenge the judgment and award
of the Tribunal dated January 31, 2004 awarding a
compensation of Rs.1,72,000/- for the loss caused to them on
account of the death of deceased Aji in a motor accident.
2. The facts leading to this appeal in brief are these:
On April 4, 2000 at about 4.45 P.M. while the
deceased was driving his autorickshaw bearing registration
No.KL5 P/4397, it collied head on with a bus bearing registration
No. KL5 F/1476 at O.P Junction, M.C.Road, Kottayam. He
sustained serious injuries and he succumbed to the injuries
sustained on February 6, 2000 while undergoing treatment at the
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Medical College Hospital, Kottayam. Claimants have filed O.P
before the M.A.C.T, Kottayam claiming a compensation of Rs. 7
lakhs alleging negligence against the first respondent, driver of
the offending bus.
3. Respondents 1 and 2, the driver and owner of the
offending bus remained absent before the Tribunal and were set
ex-parte by the Tribunal. The 3rd respondent, the insurer of the
offending bus filed a written statement admitting the policy and
further contended that there was also negligence on the part of
the driver of the autorickshaw.
4. This O.P was tried jointly along with two other O.Ps
filed by other injured persons in the same accident. Exts. A1 to
A46 were marked on the side of the claimants. No evidence
was adduced by the contesting 3rd respondent. The Tribunal on
an appreciation of evidence found that the accident occurred
due to the rash and negligent driving of the offending bus by first
respondent and awarded a compensation of Rs. 1,72,000/- with
interest at the rate of 6% per annum from the date of petition till
M.A.C.A NO. 782 OF 2004
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realization and a cost of Rs. 3500/-. 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 the accident occurred due to the negligence on the
part of the first respondent is not challenged in this appeal.
Therefore, the only question which arises for consideration is
whether the claimants are entitled to any enhanced
compensation ?
7. The Tribunal awarded a total compensation of Rs.
1,72,000/-. The break up of the award amount is as under:
For loss of dependency : Rs. 1,54,000
For pain and sufferings : Rs. 10,000
For love and affection : Rs. 5,000
For funeral expenses : Rs. 2,000
For Transportation : Rs. 1,000
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Total :Rs. 1,72,000
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8. The counsel for the claimant sought enhancement of
the compensation awarded for loss of dependency, loss of love
and affection and loss of estate.
9. The Tribunal took the monthly income of the
deceased as Rs. 1750/- which comes to Rs. 21,000/- per month
and after deducting 1/3 for his personal expenses, took Rs.
14,000/- per annum as his annual contributions to his family and
adopted a multiplier of 11 as his mother was aged 54 at the time
of accident and awarded a compensation of Rs. 1,54,000/- for
loss of dependency. The deceased was an autorickshaw driver.
Ext.A19 is the copy of his driving license. Exts. A16 to A18
show that he is having technical qualifications in Welding
technology. Exts. A12 to A15 show that he is an NCC Cadet.
Taking into consideration of all these aspects, we feel that his
monthly income can be reasonably fixed at Rs. 3,000/- which
comes to Rs. 36,000/- per annum. After deducting 1/3 of his
personal expenses, balance amount of Rs. 24,000/- per annum
can be taken as his annual contributions to his family. The
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Multiplier of 11 adopted by the Tribunal is not seriously
challenged. Thus, calculated, for the loss of dependency, the
claimants are entitled to a compensation of Rs. 2,64,000/-
(Rs.24,000 x 11). Thus, on this count, claimants are entitled to
an additional compensation of Rs. 1,10,000/-.
10. The Tribunal awarded a compensation of Rs. 5,000/-
for loss of love and affection. The deceased was the only son of
the claimants 1 and 2. Therefore, we feel that a compensation
of Rs. 15,000/- would be reasonable for loss of love and
affection. Thus, the claimants are entitled to an additional
compensation of Rs. 10,000/- on this count.
11. No compensation was seen awarded for loss of
estate. In the circumstances of the case, we feel that a
compensation of Rs. 2,500/- would be reasonable for loss of
estate. As regards, compensation awarded under other heads,
we find the same to be reasonable and therefore, we are not
disturbing the same.
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12. Thus, the claimants are found entitled to an additional
compensation of Rs. 1,22,500/-. They are entitled to interest @
6% per annum from the date of petition till realization and
proportionate cost. The 3rd 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
P.Q. BARKATH ALI
Judge
PKK