IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1150 of 2007()
1. DR. K.S.SHEEBA, W/O. LATE DR.SUJITH RAJ
... Petitioner
2. S.SOCRYA SUJITH,
3. S.VIJAYALAKSHMI, W/O. DR. M.NADARAJAN,
Vs
1. RAJU O.T., S/O. THANKAPPAN,
... Respondent
2. KUNJU MARAKKAR, S/O. ABDUL KHADER,
3. ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.P.HARIDAS
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :03/03/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1150 OF 2007
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Dated this the 3rd day of March, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under Section 173 of Motor Vehicles Act, the
claimants in O.P.(MV)No. 756/1999of Motor Accidents Claims
Tribunal, Pathanamthitta challenges the judgment and award of the
Tribunal granting a compensation of Rs. 9,24,000/- for the loss caused
to them on account of the death of deceased Dr.Sujith Raj in a motor
accident.
2. The facts leading to this appeal in brief are these :
Deceased Dr.Sujith Raj was an MBBS doctor having a monthly
salary of more than Rs. 12,000/- per month. On April 24, 1999 at
about 12 o’ clock in the noon, deceased was riding his motor cycle
bearing Reg.No.KL-5/E-9270 along Njalikandam-Kalloopara road and
when he reached at Kaviyoor, a bus bearing Reg.No.KL-7/M-6327
driven by the first respondent came at a high speed and dashed against
the scooter of the deceased. Deceased died on the spot. According to
the claimants, accident occurred due to the rash and negligent driving
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of the bus by its driver, the first respondent. Therefore, respondents 1
to 3, the driver, owner and insurer respectively of the offending bus are
jointly and severally liable to pay compensation to the claimants, who
are the wife and children and dependents of the deceased. They claimed
a compensation of Rs. 30 lakhs.
3. First respondent, the driver of the offending bus remained
absent and was set ex parte before the Tribunal. Respondents 2 and 3,
the owner and the insurer of the offending bus filed a written statement
admitting the policy, but contending that there was no negligence on
the part of the driver of the offending bus , the first respondent.
4. Exts.A1 to A16 were marked on the side of the claimants
before the Tribunal. No evidence was adduced by the contesting third
respondent. The Tribunal on an appreciation of evidence awarded a
compensation of Rs. 9, 24,000/-. The claimants have come up in
appeal challenging the quantum of compensation awarded by the
Tribunal.
5. Heard the counsel for the appellants and the counsel for the
third respondent, Insurance Company.
6. The accident is not disputed. The finding of the Tribunal
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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 for consideration is whether the claimants are entitled to any
enhanced compensation ?
7. The Tribunal awarded a total compensation of Rs.
9,24,000/-. The break up of the award amount is as under :
Pain and suffering -Rs. 10,000/-
Medical expenses -Rs. 10,000/-
Loss of love and affection -Rs. 15,000/-
Loss to the estate -Rs.10,000/-
Loss of dependency -Rs.8,64,000/-
Loss of consortium -Rs. 15,000/-
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Rs. 9,24,000/-
==========
8. Counsel for the appellant mainly disputed the adequacy of
compensation awarded under the head loss of dependency. We find
much force in the above contention. The Tribunal fixed the yearly
income of the deceased as Rs. 72,000/- ( 6,000/- x 12) and after
deducting 1/3 for his personal expenses, took his annual contribution to
the claimants as Rs. 48,000/-. Taking to account the age of the
deceased as 28, a multiplier of 18 was taken by the Tribunal and
assessed the loss of dependency at Rs. 8,64,000/-.
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9. Counsel for the appellants mainly disputed the income
assessed by the Tribunal. The deceased was an MBBS doctor.
Ext.A10 is his certificate to that effect. In Ext.A11 it is seen that he has
worked as Medical Officer in K.G.M. Hospital, Cumbummettu, Idukki
for a short period from 1/1/1996 to 1/7/1996 on a salary of Rs. 12,000/-
per month. He got temporary appointment through Employment
Exchange as Assistant Surgeon in the Health Services Department at
P.H.Centre, Vellavoor and that he was obtaining a salary of Rs. 7,500/-
during that period. Ext.A13 is the certificate showing the salary of the
deceased. Ext.A14 is the pay slip and Ext.A16 is the certificate issued
about the particulars of his salary. The claimants produced the copy of
Ext.A16 salary certificate which shows that the deceased was getting a
salary of Rs. 8,409/-. The Tribunal took his monthly income as
Rs. 6000/- which appears to be very low. Taking into consideration
Exts. A14, A15 and A16, we feel that his monthly income can be
reasonably assessed at Rs. 8400/- per month which comes to
Rs. 100,800/- annually. After deducting 1/3 for his personal expenses,
his annual contribution to the claimants will come to Rs. 67,200/-. The
Tribunal adopted a multiplier of 18 which is not seriously disputed.
MACA.No.1150/07 Page numbers Thus calculated, the claimants are entitled to a compensation of
Rs. 12,09,600/- ( 67200 x 18) towards loss of dependency. Thus on
this count, the claimants are entitled to an additional compensation of
Rs. 3,45,600/-. The compensation awarded by the Tribunal on other
heads appears to be reasonable. Therefore, we are not disturbing the
same.
10. Thus, the claimants are entitled to an additional
compensation of Rs. 3,45,600/-. They are entitled to proportionate cost
and interest @ 9% per annum from the date of petition till the date of
appeal and thereafter interest @ 7.5% per annum from the date of
appeal till realisation for the enhanced compensation. 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 appeal is disposed of as found above.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
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