IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1295 of 2008()
1. AMMED, 54 YEARS, S/O.SOOPPEY
... Petitioner
2. KADIYA, AGED 48 YEARS, W/O.AMMED,
3. SAINABA, 30 YEARS, W/O.LATE MOIDU
4. KUNHABDULA 27 YEARS, S/O.AMMED
5. FIZAL 23 YEARS, S/O.AMMED,ALATHOTTATHIL
6. UMAIFA, 20 YEARS, W/O.IBRAJI,
Vs
1. UNITED INDIA INSURANCE CO.LTD,
... Respondent
For Petitioner :SRI.V.N.RAMESAN NAMBISAN
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :23/09/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1295 OF 2008
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Dated this the 23rd day of September, 2010
JUDGMENT
Barkath Ali, J.
Appellants are the claimants in OP(MV)497/2004 on the file
of the Motor Accidents Claims Tribunal, Vadakara. They are the
parents, bother and sisters of deceased Afsal who died in a motor
accident. On November 27, 2003, while the deceased was travelling in
a jeep bearing Reg.No.KL/11 N 4457 from Ernakulam to Kakkuni and
when he reached near Potta, it suddenly skid towards right side of the
road and at that time a mini lorry came from the opposite side and
dashed against the jeep. 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 jeep, the
claimants filed the OP under Sec.166 of the Motor Vehicles Act
claiming a compensation of Rs.5,00,000/-.
2. First respondent, the owner of the offending jeep remained
absent before the Tribunal. The second respondent, the insurer of the
offending jeep filed a written statement admitting the policy of the
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jeep, but denied the liability.
3. This O.P. was tried along with other O.P.s filed by the other
injured persons and the legal heirs of other deceased persons and a
common award was passed. Exts.A1 to A33 were marked on the side of
the claimants before the Tribunal. Exts.B1 and B2 were marked on the
side of the contesting second respondent. On an appreciation of
evidence the Tribunal awarded a total compensation of Rs.1,80,000/-
with interest at the rate of 6% 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 jeep 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.1,80,000/-
The break up of the compensation amount awarded is as under:
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Loss of dependency - Rs.1,52,000/-
Funeral expenses - Rs. 2,000/-
Transportation - Rs. 1,000/-
Loss of love and affection - Rs. 25,000/-
7. The Counsel for the claimants sought enhancement of the
compensation awarded for the loss of dependency and for pain and
suffering endured by the deceased .
8. The deceased was aged 22 at the time of accident. He was
a painting contractor earning Rs. 10,000/- per month, according to the
claimants. The Tribunal took the monthly income of the deceased as
Rs.2000/- and a multiplier of 11. For loss of dependency, the Tribunal
awarded Rs. 1,28,000/- for the first eight years after deducting 1/3 for
his personal expenses. As the deceased would have got married
thereafter half of income was deducted for his personal expenses and
the Tribunal awarded Rs.24,000/- for the remaining three years. As
the deceased was a painting contractor, we feel that his monthly income
can be reasonably fixed at Rs. 3,000/-. After deducting 1/3 for his
personal expenses, the balance amount of Rs. 2,000/- can be taken as
his monthly contribution to his family. A multiplier of 11 can be
adopted in this case. Thus calculated, for the loss of dependency the
claimants are entitled to a compensation of Rs.2,64,000/- (2,000 x 12 x
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11). Thus on this count the claimant is entitled to an additional
compensation of Rs.1,12,000/-
9. No amount was awarded for the pain and suffering endured by
the deceased. Therefore, we feel that a compensation of Rs. 10,000/-
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.
10. Thus the claimants are entitled to an additional compensation
of Rs.1,22,000/-. They are entitled to interest @ 7.5% per annum
from the date of petition till realisation for the compensation already
awarded and also for the enhanced compensation. The 2nd
respondent/respondent herein 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
sv.
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