IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 3184 of 2009()
1. T.D.ISSAC, S/O.DANIAL, AGED 62 YEARS,
... Petitioner
2. ALEYAMMA DANIAL, W/O.ISSAC, AGED 61
3. ANOOP ISSAC, S/O.ISSAC, AGED 25 YEARS,
Vs
1. K.J.ANICE, W/O.P.V.RAJAN,
... Respondent
2. P.V.OMANAKUTTAN, S/O.P.K.VASU,
3. THE UNITED INDIA INSURANCE CO.LTD.
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :SRI.SIBY MATHEW
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :28/06/2010
O R D E R
A.K. BASHEER & P.Q. BARKATH ALI. JJ.
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M.A.C.A No. 3184 OF 2009
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DATED THIS THE 28TH DAY OF JUNE, 2010
JUDGMENT
Barkath Ali J.
In this appeal under Section 173 of Motor Vehicles Act,
the claimants in O.P(MV) No. 461/2003 of Motor Accidents
Claims Tribunal,Ernakulam challenge the judgment and award of
the Tribunal dated January 27, 2009 awarding a compensation of
Rs. 2,08,331/- for the loss caused to them on account of the
death of deceased George Issac in a motor accident.
2. The facts leading to this appeal in brief are these:
Deceased George Issac was aged 24 at the time of the
accident and he used to earn Rs.7000/- per month as an
Insurance Surveyor, according to the claimants. Claimants are
his parents and brother. On July 22, 2002 at about 3.45 P.M,
the deceased George Issac was riding his motorcycle bearing
registration No.KL-7/V.768. When he reached near the Railway
gate at Irumbanam, a Tempo Van bearing registration
No.KL-7/AB.8150 driven by the 2nd respondent came at a high
speed from behind and dashed against the motor cycle of the
deceased. The deceased sustained serious injuries and he
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succumbed to the injuries sustained while undergoing treatment
in Medical Trust Hospital, Ernakulam. According to the claimants,
accident occurred due to the rash and negligent driving of the
offending Tempo Van by 2nd respondent. The 1st respondent as
the owner, the 2nd respondent as the driver and 3rd respondent as
the insurer of the offending Tempo Van are jointly and severally
liable to pay compensation to the claimants, who are the
dependents and legal heirs of the deceased. Claimants claimed a
compensation of Rs. 7,00,000/-.
3. Respondents 1 and 2, the owner and driver of the
offending Tempo Van filed a written statement admitting the
accident but denying the liability. The 3rd respondent, insurer of
the offending Tempo Van filed a written statement admitting the
policy.
4. PW1 was examined and Exts. A1 to A10 were marked
on the side of the claimants. No evidence was adduced by the
contesting 3rd respondent. On an appreciation of evidence, the
Tribunal found that the accident occurred due to the negligence
of second respondent and awarded a compensation of
M.A.C.A No. 3184 OF 2009
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Rs.2,08,331/- with interest @ 7.5% per annum from the date of
petition till realization and proportionate cost. The claimants
have now come up in appeal challenging the quantum of
compensation awarded by the Tribunal.
5. Heard the counsel for the appellants/claimants and the
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 is
whether the claimants are entitled to any enhanced
compensation.
7. The Tribunal awarded a total compensation of
Rs. 2,08,331/-. The break up of the compensation awarded is as
under:
Transportation and funeral expenses :Rs. 5,000
Shock, pain and sufferings :Rs. 10,000
Loss of dependency :Rs. 1,73,331
Loss of estate :Rs. 10,000
Loss of love and affections :Rs. 10,000
————
Total :Rs. 2,08,331
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8. Counsel for the claimants sought enhancement of
compensation for the loss of dependency and loss of love and
affection.
9. The Tribunal took the monthly income of the deceased
as Rs. 2,500/-per month and after deducting 1/3 of his personal
expenses, the balance amount of Rs. 20,000/- was taken as his
annual contribution to his family for first four years and
thereafter at Rs. 13,333/- for the remaining seven years and the
Tribunal awarded a compensation of Rs.1,73,331/- for the loss of
dependency. PW1, one Mr. Laiju George testified that the
deceased had joined as a Trainee under him as Insurance
Surveyor and he used to pay Rs. 6,000/- per month.
10. Taking into consideration of the above facts, we feel
that the monthly income of the deceased can be reasonably fixed
at Rs. 3,000/-. In the circumstances of the case, we feel that
only 1/3 of his income can be deducted as his personal expense
and the balance amount of Rs. 24,000/- can be taken as his
annual contribution to his family. The deceased was aged only 24
at the time of accident, and therefore, we feel that a multiplier of
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12 would be reasonable in this case. Thus, calculated for the loss
of dependency, the claimants are entitled to Rs.2,88,000/-
(24,000×12). Thus, on this count, the claimants are entitled to an
additional compensation of Rs. 1,14,669/-.
11. The Tribunal awarded Rs.10,000/- for loss of love and
affection which appears to be very low. Taking into consideration
of the age of the deceased and the age of parents, we feel that
Rs.15,000/- would be reasonable on this count. As regards
compensation awarded under other heads, we feel the same to
be reasonable, and therefore we are not disturbing the same.
In the result, the claimants are entitled to an additional
compensation of Rs. 1,29,669/-. They are entitled to interest @
7.5% per annum from the date of petition till realization and
proportionate cost. 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 award of the Tribunal is modified to the above
extent.
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The Appeal is disposed of as found above.
A.K. BASHEER (jUDGE)
P.Q. BARKATH ALI (JUDGE)
PKK