IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1730 of 2008()
1. SEENA, AGED 30 YEARS, W/O.LATE SANTHOSH,
... Petitioner
2. MINOR LAKSHMI, AGED 6 YEARS,
3. MINOR MALAVIKA, AGED 3 YEARS,
4. MONOR UNNIKRISHNAN, AGED 8 MONTHS,
5. NARAYANAN AGED 72 YEARS,
6. REMANY NARAYANAN, AGED 60 YEARS,
Vs
1. K.S.RAMACHANDRA KURUPPU, ANANDHA BHAVAN,
... Respondent
2. C.SIVAPRASAD, S/O.M.CHELLAPPAN PILLAI,
3. NATIONAL INSURANCE CO.LTD, DIVISION
For Petitioner :SRI.RAJIT
For Respondent :SRI.JOE KALLIATH
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :08/10/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1730 OF 2008
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Dated this the 8th day of October, 2010
JUDGMENT
Barkath Ali, J.
Appellants are the claimants in OP(MV)No.103/2005 on the file
of the Motor Accidents Claims Tribunal, Thrissur. They are the wife,
children and parents of deceased Santhosh who died in a motor
accident. On May 25, 2004, while Santhosh was riding his motor
cycle along public road and reached near Kaiparambu, he was knocked
down by the lorry bearing Reg.No.KL 2/B 910 driven by the first
respondent. The deceased sustained serious injuries and he succumbed
to the injuries sustained while undergoing treatment in the hospital.
Alleging negligence against the driver of the lorry, the first
respondent, the claimants filed the OP under Sec.166 of the Motor
Vehicles Act claiming a compensation of Rs.40,00,000/-.
2. Respondents 1 and 2, the driver and the owner of the
offending lorry remained absent before the Tribunal. The third
respondent, the insurer of the offending lorry filed a written statement
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admitting the policy of the lorry.
3. PW1 was examined and Exts.A1 to A6 were marked on the
side of the claimants before the Tribunal. Exts.B1 was marked on the
side of the contesting third respondent. On an appreciation of
evidence the Tribunal found that the accident occurred due to the
negligence of the first respondent and awarded a total compensation of
Rs.10,49,500/- with 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 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 lorry is not challenged in this appeal. Therefore the only
question which arises for consideration is whether the claimants are
entitled to any enhanced compensation.
6. The Tribunal awarded a total compensation of Rs.10,49,500/-
The break up of the compensation amount awarded is as under:
MACA.No.1730/08 3
Loss of earning - Rs. 6,000/-
Exp. for transportation - Rs. 500/-
Damage to clothing - Rs. 1,000/-
Exp. for treatment - Rs.1,81,000/-
Exp. for bystander - Rs. 3,000/-
Exp. for funeral - Rs. 5,000/-
Pain and suffering - Rs. 20,000/-
Loss of love and affection - Rs. 15,000/-
Loss of dependency - Rs.7,68,000/-
Loss of estate - Rs. 30,000/-
Loss of consortium - Rs. 20,000/-
7. The Counsel for the claimants sought enhancement of the
compensation awarded for the loss of dependency, for loss of love and
affection and for pain and suffering endured by the deceased .
8. The Tribunal took the monthly income of the deceased as
Rs.6,000/- and after deducting 1/3 for his personal expenses, the
balance amount of Rs. 4,000/- was taken was his monthly contribution
to his family and adopted a multiplier of 16 and awarded
Rs. 7,68,000/- for the loss of dependency. The deceased was working
as an Area Sales Manager in M/s.Smith and Nephew Health Care
Private Limited and used to earn Rs. 35,000/- per month, according to
the claimants. They produced Ext.A15, the pay slips issued from the
company. Ext.A11, the details regarding the remuneration and benefits
MACA.No.1730/08 4
received by the deceased, shows that he had a basic salary of
Rs. 5440/-with allowances which come to Rs. 8209/- per month.
Taking into consideration all these aspects, we feel that the monthly
income of the deceased can be reasonably fixed at Rs. 6,500/- which
comes to Rs. 78,000/- per annum. After deducting 1/3 for his personal
expenses, the balance amount of Rs. 52,000/- can be taken as his
annual contribution to his family. The Tribunal adopted a multiplier of
16 which is not seriously challenged. Thus calculated for the loss of
dependency, the claimants are entitled to a compensation of
Rs. 8,32,000/- ( 52,000 x 16). Thus on this count, the claimants are
entitled to an additional compensation of Rs.64,000/-.
9. For loss of love and affection, Rs. 15,000/- was awarded by
the Tribunal which appears to be quite inadequate. Taking into
consideration the age of the claimants, we feel that a compensation of
Rs. 30,000/- would be reasonable on this count. Thus, on this count, the
claimants are entitled to an additional compensation of Rs.15,000/-.
10. For the pain and suffering endured, Rs. 20,000/- was
awarded by the Tribunal which appears to be very low. Taking into
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consideration the fact that deceased was hospitalised for one month, we
feel that a compensation of Rs. 50,000/- would be reasonable on this
count. Thus, on this count, the claimants are entitled to an additional
compensation of Rs.30,000/-. As regards the compensation awarded
under other heads, we find the same to be reasonable and therefore are
not disturbing the same.
11. In the result, the claimants are found entitled to an
additional compensation of Rs. 1,09,000/-. 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
P.Q.BARKATH ALI, JUDGE
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