IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 159 of 2009()
1. ABDURAHIMAN, HAFNAS HOUSE,
... Petitioner
2. HAFSATH, W/O.ABDURAHIMAN,
3. THANHAAZMI, D/O.ABDURAHIMAN,
Vs
1. KUNHIPARAMBATH SIVADASAN,
... Respondent
2. ORIENTAL INSURANCE CO.LTD.,
3. SAINABA, W/O.P.C.BAVA, JISHA HOUSE,
4. P.JAFFER, S/O.MOIDEENKUTTY,
For Petitioner :SRI.V.KRISHNA MENON
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :15/03/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No. 159 of 2009
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Dated this the 15th day of March, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under section 173 of the Motor
Vehicles Act claimants in O.P.(MV) No.1503 of 2002 of the
Motor Accidents Claims Tribunal, Kozhikode challenge the
award of the Tribunal dated December 13, 2007, awarding
a compensation of Rs.1,57,000/- for the loss caused to them,
on account of the death of Shehadad in a motor accident.
2. The facts leading to this appeal in brief are these:-
Claimants are parents and sister of the deceased
Shehadad. The deceased was aged 8 at the time of the
accident. On October 28, 2001 a car bearing registration
No.KL14 A 8953, in which deceased was travelling, collided
head on with a bus bearing registration No. KL13 D 3375 at
Chemancheri. He sustained serious injuries and succumbed
to the injuries sustained by him. Respondent Nos.1 and 2 as
the owner and insurer of the bus and respondent Nos.3 and
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4 as owner and driver of the car are jointly and severely
liable to pay the compensation to the claimants. The
accident occurred due to the negligence on the part of the
drivers of both the vehicles. The claimants claimed a
compensation of Rs. 3 lakhs.
3. The O.P.(MV) was tried jointly along with other
connected cases. In the original petition Exts.A1 to A3 were
marked on the side of the claimants and Exts.B1 to B3 were
marked on the side of the respondents. On an appreciation
of the evidence, the Tribunal awarded a compensation of
Rs.1,57,000/-. The claimants have come up in appeal
challenging the quantum of compensation awarded by the
Tribunal.
4. Heard the learned counsel appearing for the
appellants and the learned counsel appearing for
respondents 2 to 4.
5. The accident is not disputed. The finding of the
Tribunal that the accident occurred due to the negligence
on the part of the both the drivers of the vehicles is not
MACA 159/09 3
seriously 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.1,57,000/-. The break up of the compensation awarded
is as under:-
Loss of dependency : Rs.1,50,000/-
Love and affection : Rs.3,000/-
Funeral expenses : Rs.1,000/-
Transportation : Rs.1,000/-
Pain and suffering : Rs.2,000/-
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Rs.1,57,000/-
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7. The learned counsel for the appellants sought
enhancement of the compensation awarded for the loss of
dependency, loss of love and affection and for pain and
suffering. The deceased was a boy aged 8, which is not
disputed. The Tribunal took the notional income of the boy
as Rs.15,000/- per annum and adopted a multiplier of 15 as
shown in the Second Schedule to the Motor Vehicles Act
and after deducting 1/3rd for the personal expenses awarded
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Rs.1,50,000/- for loss of dependency, which appears to be
reasonable. Therefore, on this Count the claimants are not
entitled to any enhanced compensation.
8. For the loss of love and affection Rs.3,000/- was
awarded by the Tribunal, which appears to be very low. The
deceased being the only son of his parents, we feel that a
compensation of Rs.15,000/- would be reasonable on this
count. For pain and suffering, the Tribunal awarded only
Rs.2,000/-, which, in our view, is inadequate. Taking into
consideration the fact that the deceased sustained serious
injuries, we feel that a compensation of Rs.7,500/- would be
reasonable on this count. Regarding the compensation
awarded under other heads, we find the same to be
reasonable and therefore, we are not disturbing the same.
9. Therefore, the claimants are entitled to an
additional compensation of Rs.17,500/- with interest at 9%
p.a. from the date of petition till realization with
proportionate costs. The order of the Tribunal is modified as
found above. The second respondent Insurance Company
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shall deposit 50% of the amount awarded and respondents 3
and 4 shall deposit the remaining 50% 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.
In the result, the appeal is disposed of as above.
A.K.BASHEER, JUDGE.
P.Q.BARKATH ALI, JUDGE.
mn.