IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 233 of 2008()
1. KOMALAM, W/O.LATE NARAYANANKUTTY,
... Petitioner
2. SMITHA @ SEEMA, D/O.LATE NARAYANANKUTTY,
3. JITHA.C.N., D/O.LATE NARAYANANKUTTY,
4. SOORAJ.C.N., S/O.LATE NARAYANANKUTTY,
Vs
1. MANAGING DIRECTOR, K.S.R.T.C.,
... Respondent
2. K.A.THIMOTHY, S/O.AYYAPPAN,
3. MANAGER, NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.BABY
For Respondent :SMT.SARAH SALVY
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :16/03/2010
O R D E R
A.K.BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A. No. 233 of 2008
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Dated this the 16th 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.1505 of 2001 of the Motor
Accidents Claims Tribunal, Irinjalakuda challenge the
judgment and award of the Tribunal dated July 7, 2007
awarding a compensation of Rs.1,96,000/- for the loss
caused to the claimants, on account of the death of one
Narayanankutty in a motor accident.
2. The facts leading to this appeal in brief are these:-
Deceased Narayanankutty was aged 49 at the time of
the accident and was employed as Cook in the St. Joseph’s
Clay Works, Irinjalakuda and used to earn Rs.3,000/- per
month as salary. He was also a professional Cook and was
earning Rs.6,000/- per month, according to the claimants.
The claimants are his wife and children. On July 1, 2001 at
about 8 a.m., while the Narayanankutty was walking along
MACA 233/2008 2
the side of the road at Vengoor, he was knocked down by a
K.S.R.T.C. bus bearing registration No.KL-15 4078, driven
by the second respondent. He sustained serious injuries
and succumbed to the injuries sustained while undergoing
treatment in the hospital. According to the claimants, the
accident occurred due to the rash and negligent driving of
the offending bus by the second respondent. The first
respondent as the owner, second respondent as the driver
and third respondent as the insurer of the offending vehicle
are jointly and severely liable to pay the compensation to
the claimants. The claimants claimed a compensation of
Rs.4 lakhs.
3. Respondents 1 and 2 remained absent and were set
ex parte by the Tribunal. The third respondent Insurance
Company filed a written statement, admitting the policy.
4. Exts.A1 to A10 were marked on the side of the
claimants. No evidence was adduced on the side of the
contesting third respondent. On an appreciation of the
evidence, the Tribunal awarded a compensation of
MACA 233/2008 3
Rs.1,96,000/- with interest at the rate of 6% p.a. from the
date of petition till realization and proportionate costs. The
claimants have come up in appeal, challenging the quantum
of compensation awarded by the Tribunal.
5. Heard the learned counsel for the
appellants/claimants and learned counsel for the third
respondent, 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 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.1,96,000/-. There is an error in the calculation. The
break up of the compensation awarded is as under:-
Loss of dependency : Rs.1, 50,000/-
Pain and suffering : Rs.5, 000/-
Loss of estate : Rs.5, 000/-
Funeral expenses : Rs.5, 000/-
and transportation.
MACA 233/2008 4
Loss of consortium : Rs.10, 000/-
Loss of love and affection : Rs.10, 000/-
Medical expenses : Rs.5, 600/-
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Rs.1, 90,600/-
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8. The learned counsel for the appellants/claimants
sought enhancement of the compensation to the loss of
dependency, for the loss of love and affection and for pain
and suffering. The Tribunal took the monthly income of the
deceased as Rs.1,500/- and after deducting 1/3rd for his
personal expenses and adopting a multiplier of 13 awarded
a compensation of Rs.1,50,000/- for the loss of dependency.
9. Ext.A9 employment certificate issued from St.
Joseph’s Clay Works shows that his salary was Rs.3,000/-
per month. It is stated therein that he is also a professional
Cook. Taking into consideration all these aspects, we feel
that his monthly income can be reasonably fixed at
Rs.2,500/- per month. The multiplier adopted by the
Tribunal is not seriously challenged. After deducting 1/3rd
for his personal expenses, for the loss of dependency the
claimants are entitled to a compensation of Rs.2,60,000/-
MACA 233/2008 5
(Rs.20,000/- x 13). Thus, the claimants are entitled to
additional compensation of Rs.1,10,000/- on this count.
10. The Tribunal awarded a compensation of
Rs.10,000/- for the loss of love and affection, which appears
to be very low. The first claimant, widow, was aged only 44
at the time of the accident and claimants 3 and 4 are aged
only 17 and 15 respectively. Therefore, we feel that
compensation of Rs.20,000/- would be reasonable on this
count. For the pain and suffering Rs.5,000/- was awarded by
the Tribunal. The deceased died in the hospital. Therefore,
we feel that 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 we are not disturbing
the same.
11. Thus the claimants are entitled to additional
compensation of Rs.1,25,000/-. The total compensation
assessed by the Tribunal is Rs.1,90,600/-, but the Tribunal
passed an award for Rs.1,96,600/-, which is only a clerical
error. Therefore, the award passed by the Tribunal is
MACA 233/2008 6
calculated as Rs.1,90,600/-. The claimants are entitled to
interest at 9% per annum from the date of petition till
realization and proportionate cost. The third respondent,
Insurance Company, shall deposit the amount before the
Tribunal 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 that effect.
The appeal is disposed as found above.
A.K.BASHEER,
JUDGE.
P.Q. BARKATH ALI,
JUDGE.
mn