IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 241 of 2006()
1. FRANCINA LAZAR, W/O.C.JOSEPH,
... Petitioner
2. ANTONY.C.J,
3. MARY THERESIA, D/O.JOSEPH, DO. DO.
4. C.J.SILCILLY JISA, D/O.JOSEPH, DO. DO.
Vs
1. THE MANAGING PARTNER,
... Respondent
2. V.G.CHANDRAN, S/O.GOVINDAN,
3. M/S.THE UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.VINOD VALLIKAPPAN
For Respondent :SRI.O.D.SIVADAS
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :24/06/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No. 241 of 2006
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Dated this the 24th day of June, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under section 173 of the Motor
Vehicles Act claimants in O.P.(MV) No.2385 of 1997 of the
Addl. Motor Accidents Claims Tribunal, Kozhikode who are
the mother, brother and sisters of deceased Vincent
challenge the judgment and award of the Tribunal dated
October 6, 2005 awarding a compensation of Rs.1,93,000/-
for the loss caused to them, on account of the death of
Vincent in a motor accident.
2. The facts leading to this appeal, in brief, are these:-
Deceased Vincent was aged 26 at the time of the accident
and was employed as a Peon-cum-Helper in St. Joseph’s
Boys’ High School, Kozhikode and was drawing a salary of
Rs.3,200/- per month. On October 12, 1997 at about 6. 15
p.m. deceased Vincent was travelling in a jeep bearing
registration No. KL-11/A-8188 along the byepass road
MACA 241/2006 2
towards Koduvally. When he reached in front of Co-operative
Hospital, Eranhipalam, a bus bearing registration No. KL-13/A-
4919, driven by the second respondent, came from the opposite
side and dashed against the jeep of the deceased. Deceased
Vincent sustained serious injuries and he succumbed to the
injuries while undergoing treatment in Medical College Hospital,
Kozhikode on October 13, 1997. Claimants are his mother,
brother and sisters. According to the claimants, the accident
occurred due to the negligence on the part of the second
respondent, driver of the offending bus. The first respondent as
the owner, second respondent as the driver and third respondent
as the insurer of the offending bus are jointly and severally liable
to pay the compensation to the claimants who are the legal heirs
and dependents of the deceased. The claimants claimed
compensation of Rs.3 lakhs.
3. Respondents 1 and 2, owner and driver of the offending
bus, remained absent before the Tribunal. The third respondent,
insurer of the offending bus, filed a written statement, admitting
the policy and further contended that there was also negligence
MACA 241/2006 3
on the part of the driver of the jeep.
4. Exts. A1 to A7 were marked on the side of the claimants.
No evidence was adduced by contesting third respondent. The
Tribunal, on an appreciation of the evidence, awarded a
compensation of Rs.1,93,000/- with interest at the rate of 6% p.a.
from the date of petition till realization and costs. The claimants
have come up in appeal, challenging the quantum of
compensation awarded by the Tribunal.
5. Heard the learned counsel for the claimants and the
learned counsel for Insurance Company.
6. The accident is not disputed. The finding of the Tribunal
that the accident occurred due to the negligence on the part of
the second respondent, driver of the offending 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 ?
7. The Tribunal awarded a total compensation of
Rs.1,93,000/-. Break up of the compensation awarded is as
under:-
MACA 241/2006 4
Loss of dependency : Rs.1,80,000/-
Funeral expenses : Rs. 3,000/-
Pain and suffering : Rs. 5,000/-
Loss of estate : Rs. 5,000/-
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Total : Rs.1,93,000/-
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8. The learned counsel for the appellants mainly sought
enhancement of compensation awarded by the Tribunal for the
loss of dependency, pain and suffering and loss of love and
affection. He submitted that no compensation was awarded for
loss of love and affection.
9. The Tribunal took the income of the deceased as
Rs.15,000/- per annum and after deducting 1/3 for his personal
expenses, took Rs.10,000/- as his annual contribution to his
family and adopted a multiplier of 18 and awarded a
compensation of Rs.1,80,000/- for loss of dependency. The
deceased was working as a Peon in St. Joseph’s Boys’ High
School, Kozhikode. Therefore, we feel that his monthly income
can reasonably be fixed at Rs.2,500/-, which works out
Rs.30,000/- per annum. After deducting 1/3rd for his personal
expenses, balance amount of Rs.20,000/- per annum can be taken
MACA 241/2006 5
as his contribution to his family. The multiplier adopted by the
Tribunal is 18, which appears to be slightly higher. The deceased
was aged 26 at the time of the accident. The first claimant
mother was aged 47 at that time. Claimants 2 to 4 were aged 27,
21 and 19 respectively at that time. Therefore, we feel that a
multiplier of 15 would be reasonable in this case. Thus
considered the compensation for the loss of dependency would
come to Rs.3,00,000/- (Rs.20,000/- x 15). The claimants are
entitled an additional compensation of Rs.1,20,000/- on this
count.
10. For pain and suffering a compensation of Rs.5,000/-
was awarded by the Tribunal, which appears to be very low.
Taking into consideration the fact that only on the next day the
deceased died, we feel that a compensation of Rs.10,000/- would
be reasonable on this count.
11. No compensation was awarded towards the loss of love
and affection. Taking into consideration the age of the deceased,
we feel that a compensation of Rs.15,000/- would be reasonable
for loss of love and affection. As regards the compensation
MACA 241/2006 6
awarded under other heads, we find the same to be reasonable
and therefore,we are not disturbing the same.
12. In the result, the claimants are entitled to an additional
compensation of Rs.1,40,000/-. The Tribunal awarded interest @
6% per annum, which appears to be very low. The claimants are
entitled to interest at 7.5% per annum for the compensation
already awarded and for the enhanced compensation from the
date of petition till realization. They are also entitled to
proportionate cost. The third respondent Insurance Company
shall deposit the amount within two months from the date of
receipt of a copy of this judgment.
In the result, the appeal is disposed of as above.
A.K.BASHEER, JUDGE.
P.Q.BARKATH ALI, JUDGE.
mn.