IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 90 of 2004(C)
1. SARASWATHY AMM, W/O.LATE SUDARSANA KURUP
... Petitioner
2. MASTER RIJOSH S. KURUP (MINOR),
3. MISS. RESHMA S.KURUP (MINOR),
4. GANGADHARA KURUP, S/O.MADAPPA KURUPPU,
5. PANKAJAKSHY AMMA, W/O.GANGADHARA KURUP,
Vs
1. E.D.PAUL, S/O. DEVASSY,
... Respondent
2. YOHANNAN, S/O. DANIEL,
3. M/S. ORIENTAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.R.REJI
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :12/07/2010
O R D E R
A.K.BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A. No. 90 of 2004
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Dated this the 12th day of July, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under section 173 of the Motor
Vehicles Act claimants in O.P.(MV) No.142 1997 of the
Motor Accidents Claims Tribunal, Attingal challenge the
judgment and award of the Tribunal dated February 28,
2003, awarding a compensation of Rs.11,63,820/- for the
loss caused to the claimants, on account of the death of one
Sudarshana Kurup in a motor accident.
2. The facts leading to this appeal, in brief, are
these:- Deceased Sudarshana Kurup was aged 40 at the
time of the accident. He was working as a Third Officer in
Merchant Navy and was earning 2157 American Dollars per
month, which comes to Rs.85,000/-, according to the
claimants. On September 4, 1996 at about 5 p.m. deceased
was riding his motor cycle bearing registration
No.PB/03/D/8148 with his friend Krishna Kumar as a pillion
MACA 90/2004 2
rider along the National Highway. When he reached in front of
the outer gate of a petrol bunk, situated near Mangalapuran
Junction, he was knocked down by a car bearing registration
No.KLO/B/D-8300. He sustained serious injuries and he
succumbed to the injuries sustained on the next day, while under
going treatment in the Medical College Hospital. The claimants
are his wife, three minor children and parents. According to the
claimants, the accident occurred due to the negligence on the
part of the second respondent, driver of the car. The first
respondent as the owner, second respondent as the driver and
third respondent as the insurer of the offending car are jointly
and severally liable to pay the compensation to the claimants
who are the dependents and legal heirs of the deceased.
Claimants claimed a compensation of Rs.1 crore.
3. Respondents 1 and 2, driver and insurer of the
offending car, remained absent and were set ex parte by the
Tribunal. The third respondent Insurance Company filed a
written statement, admitting the policy and further contended
that there was also negligence on the part of the deceased.
MACA 90/2004 3
4. PWs.1 to 3 were examined and Exts. A1 to A43 and
Exts.X1 and X2 were marked on the side of the claimants. RWs.1
and 2 were examined on the side of the contesting third
respondent. On an appreciation of the evidence, the Tribunal
awarded a total compensation of Rs.11,63,820/- with interest at
the rate of 9% p.a. 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.
5. Heard the learned counsel for the claimants and learned
counsel for the 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 in
this appeal, is whether the claimants are entitled to any
enhanced compensation?
7. The Tribunal awarded a total compensation of
Rs.1163,820/-. Break up of the compensation awarded is as
under:-
MACA 90/2004 4
Loss of dependency : Rs.10,96,320/-
Damage to clothing : Rs. 500/-
Transportation : Rs. 2,000/-
Funeral expenses : Rs. 5,000/-
Pain and suffering : Rs. 15,000/-
Loss of consortium : Rs. 15,000/-
Loss of love and affection : Rs. 15,000/-
Loss of estate. : Rs. 15,000/-
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Total Rs.11,63,820/-
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8. The learned counsel for the claimants sought
enhancement of compensation awarded for the loss of
dependency and on other heads. The Tribunal took the monthly
income of the deceased as Rs.17,760/- i.e., Rs.2,13,120/- per
annum and after deducting 1/3rd for his personal expenses
Rs.1,42,080/- per annum was taken as his contribution to the
family. The Tribunal adopted a multiplier of 15, which is not
seriously challenged. For assessing the loss of the dependency
his contribution for the first four years was taken as
Rs.1,42,080/- per annum as his Visa was only for four years. For
the remaining 11 years, the Tribunal took the income of the
deceased as Rs.6,000/- per month and after deducting 1/3rd for
his personal expenses, Rs.4,000/- was taken as his monthly
MACA 90/2004 5
contribution to the family, which comes to Rs.48,000/- per
annum. Thus, for the loss of dependency Rs.10,96,320/- was
awarded by the Tribunal.
9. There are five dependents to the deceased who are the
claimants. Therefore, in the light of the principles laid down in
Sarala Varma V. Delhi Transport Corporation (AIR 2009 SC
3104), 1/4th of the income need be deducted for his personal
expenses. That being so, for the first four years loss of
dependency comes to Rs.6,39,360/- (Rs.2,13,120 x4 x <). For the
remaining 11 years, the Tribunal took his monthly income as
Rs.6,000/-, which appears to be reasonable. After deducting 1/4th
for his personal expenses, balance amount of Rs.4,500/- can be
taken as his monthly contribution to his family, which comes to
Rs.54,000/- per annum. Thus for the remaining 11 years, the loss
of dependency would come to Rs.5,94,000/- (Rs.54,000/- x 11).
Towards loss of dependency, the claimants are entitled to a
compensation of Rs.12,33,360/- i.e., additional compensation of
Rs.1,37,040/-. As regards the compensation awarded under other
heads, we find the same to be reasonable and therefore, we are
MACA 90/2004 6
not disturbing the same. Regarding the apportionment of the
compensation amount and disbursement of the same, the
direction of the Tribunal will stand.
10. In the result, the claimants are entitled to an additional
compensation of Rs.1,37,040/-. They are entitled to interest at
9% per annum from the date of petition till realization and
proportionate cost. The third respondent being the insurer of the
offending car shall deposit the amount within two months from
the date of receipt of copy of this judgment before the Tribunal
with notice to the claimants. The claimants are entitled to
proportionate costs.
In the result, the appeal is disposed of as found above.
A.K.BASHEER,
JUDGE.
P.Q. BARKATH ALI,
JUDGE.
mn MACA 90/2004 7