IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 13 of 2003()
1. JOY ANTONY
... Petitioner
Vs
1. THOMAS JOSEPH
... Respondent
For Petitioner :SRI.ANCHAL C.VIJAYAN
For Respondent :SRI.MATHEWS JACOB (SR.)
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.
=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=
M.A.C.A.No. 13 of 2003
=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=
Dated this the 13th day of October, 2010
JUDGMENT
Barkath Ali, J.
Appellants are the claimants in O.P.(MV) No. 1356 of
1999 on the file of the Motor Accidents Claims Tribunal,
Punalur. They are the husband, children and parents of
deceased Suja Joy, who died in a motor accident that
occurred on Setpember 17, 1999 at about 2.15 p.m. at
Cheenikkala on the Channappetta – Oonthupacha public
road. The accident happened, while she was travelling in a
bus bearing registration No.KL/01/D/8778. The bus was
driven by the 2nd respondent and it capsized on the road due
to the negligence on the part of the 2nd respondent. She
sustained fatal injuries and she succumbed to the injuries
sustained while undergoing treatment at Medical College
Hospital, Alappuzha. Alleging negligence against the 2nd
respondent, the claimants filed the O.P. before the Tribunal
MACA 13/2003 2
claiming a compensation of Rs.7 lakhs.
2.The 1st respondent, owner of the offending bus
admitted the accident, but denied the liability. The 3rd
respondent, insurer of the offending bus, filed a written
statement, admitting the policy. PWs.1 and 2 were
examined and Exts. A1 to A11 were marked on the side of
the claimants. No evidence was adduced by the
respondents. On an appreciation of the evidence, the
Tribunal found that the accident occurred due to the
negligence of the 2nd respondent and awarded a
compensation of Rs.2,03,000/- with interest at the rate of
9% per annum from the date of petition till realization and
cost. The claimants have come up in appeal, challenging the
quantum of compensation awarded by the Tribunal.
3. Heard the learned counsel for the claimants and
the learned counsel for 3rd respondent/Insurance Company.
4. The accident is not disputed. The finding of the
Tribunal that the accident occurred due to the negligence
on the part of the 2nd respondent, driver of the offending
MACA 13/2003 3
bus, is not challenged in this appeal. Therefore, the only
question, which arises for consideration, is whether the
claimants are entitled to any enhanced compensation ?
5. The Tribunal awarded a total compensation of
Rs.2,03,000/-. Break up of the compensation awarded is as
under:-
Transportation : Rs. 1,000/-
Funeral expenses : Rs. 2,000/-
Loss of love and affection : Rs. 10,000/-
Loss of consortium : Rs. 10,000/-
Pain and suffering : Rs. 10,000/-
Loss of dependency : Rs. 1,70,000/-
------------------
Total : Rs. 2,03,000/-
========
6. The learned counsel for the appellants mainly
sought enhancement of compensation awarded by the
Tribunal for the loss of dependency.
7. The Tribunal took the monthly income of the
deceased as Rs.1,250/- per month, adopted a multiplier of
17 and awarded a compensation of Rs.1,70,000/- towards
the loss of dependency. Deceased was working as an
Assistant to a Chartered Accountant, as testified by PW2
MACA 13/2003 4
and as certified in Ext.A9. Taking into consideration the
above aspect, we feel that monthly contribution of the
deceased to her family can reasonably be fixed at
Rs.1,750/-, which comes to Rs.21,000/- per annum. As the
deceased was aged only 33 at the time of the accident,
multiplier of 17 as adopted by the Tribunal would be
reasonable in this case. Thus calculated for the loss of
dependency, the claimants are entitled to a compensation of
Rs.3,57,000/- (Rs.21,000 x 17). Thus the claimants are
entitled to an additional compensation of Rs.1,87,000/- on
this count.
8. The Tribunal awarded Rs.10,000/- for loss of love
and affection. Taking into consideration the age of the
claimants, we feel that a compensation of Rs.30,000/- would
be reasonable on this count. As regards the compensation
awarded under other heads, we find the same to be
reasonable and therefore,we are not disturbing the same.
9. In the result, the claimants are entitled to an
additional compensation of Rs.2,07,000/- with interest @ 9%
MACA 13/2003 5
p.a. from the date of petition till date of appeal and @ 7.5%
per annum thereafter till realization. The claimants are
entitled to proportionate costs. The 3rd
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 found above.
A.K.BASHEER, JUDGE.
P.Q.BARKATH ALI, JUDGE.
mn.
MACA 13/2003 6
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=
M.A.C.A.No. 13 of 2003
=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=
JUDGMENT
13th day of October, 2010