IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 MACA.No. 1939 of 2005() ----------------------- OPMV.248/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANTS/PETITONERS 1 TO 4: ------------------------------------------- 1. CHANDRIKADEVI, W/O. GOPINATHA KURUP CHAITHANYA, ERATHUKULAKKADA P.O., KALYAPURAM VILLAGE, KOTTARAKKARA TALUK. 2. RAKESH (MINOR), S/O. GOPINATHAKURUP, DO. DO. 3. ANISH (MINOR), S/O. GOPINATHAKURUP, DO. DO. 4. PONNAMMA, W/O. KUNJUPILLAI KURUP, NIRAVATHU PADINJATTETHIL, MANGARAM, PANDALAM. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS/RESPONDENTS --------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. JANARDHANAN, S/O. SANKARAN, VENGATHU VEEDU, KOTHACHIRA P.O, OTTAPPALAM. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD., VAZHUTHAKADU P.O., THIRUVANANTHAPURAM. 4. SURENDRAN, VADAKKENANNAVILA, KOTTAPURAM, PARAVOOR P.O., KOLLAM. 5. SADANDAN, S/O. RAGHAVAN, PILAVILAYIL VEEDU, KADIKA, KAITHAPARAMBU P.O., ENATHU VILLAGE, ADOOR TALUK. MACA.NO.1939/2005 6. THE BRANCH MANAGER ORIENTAL INSURANCE CO.LTD PULAMOM P.O., KOTTARAKKARA ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SRI.LAL GEORGE FOR R3 SRI.P.V.JYOTHI PRASAD FOR R6 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1939 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.248/2001 on the file of the Motor Accidents Claims Tribunal, Punalur. They are the wife, sons and mother of deceased Gopinatha Kurup who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated May 27, 2005 awarding a compensation of Rs. 4,17,348/- for the loss caused to them on account of the death of deceased in that accident. 2. On October 18, 2000 at about 7.45 p.m., while the deceased was travelling in a jeep bearing Reg.No.KL/2/D/2141 driven by the fifth respondent along Kottarakkara-Adoor public road and when he reached the south of Eenathu Bridge, the jeep dashed against a KSRTC bus bearing Reg.No.KL/15/415 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the bus, the claimants filed the OP MACA.No.1939/2005 2 under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.20,00,000/-. 3. Respondents 1 to 3 are the owner, driver and insurer of the offending bus. Respondents 4, 5 and 6 are the owner, driver and insurer of the jeep. Respondents 1, 2, 4 and 5 remained absent before the Tribunal. Respondents 3 and 6, the insurers of the vehicle filed written statements admitting the policy of the respective vehicles. 4. Pws 1 to 4 were examined and Exts.A1 to A12 and Exts.X1 and X1(a) were marked on the side of the claimants before the Tribunal. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the driver of the bus and awarded a total compensation of Rs.4,17,348/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.2,000/- against respondents 1 to 3. 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 MACA.No.1939/2005 3 that the accident occurred due to the negligence on the part of the driver of the 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.4,17,348/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs. 3,69,348/- Transportation - Rs. 3,000/- Funeral expenses - Rs. 5,000/- Pain and suffering - Rs. 10,000/- Loss of consortium - Rs. 10,000/- Loss of love and affection - Rs. 20,000/- 8. The Counsel for the claimants sought enhancement of compensation for loss of dependency, for loss of love and affection, for loss of consortium and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.4,397/- as shown in his salary certificate Ext.X1 which comes to Rs.52,764/- per annum. The Tribunal took Rs.35,176/- as his annual contribution to his family and adopted a multiplier of 8 and awarded Rs. 2,81,408/- for the loss of dependency for the first 8 years. For the MACA.No.1939/2005 4 remaining five years, his contribution was taken as half of the net annual income and adopted a multiplier of 5 and awarded Rs.87,940/-. Deceased was working as Junior Accountant, Higher Grade, in the Sub Treasury, Panthalam. Ext.X1 his salary certificate shows his net salary as Rs. 4,397/- and gross salary as Rs.6,727/-. He was aged only 47 years at the time of the accident. Therefore, taking into account his future increase in the salary, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 6,000/- which comes to Rs. 72,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 48,000/- can be taken as his annual contribution to his family. Taking into consideration the fact that even after retirement he can be gainfully employed, we feel that a multiplier of 13 has to be adopted throughout. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 6,24,000/- ( 48,000 x 13). Thus on this count, the claimants are entitled to an additional compensation of Rs.2,54,652/-. 10. The Tribunal awarded Rs. 10,000/- for loss of consortium which appears to be very low. Taking into consideration the age of the widow, we feel that a compensation of Rs. 20,000/- would be MACA.No.1939/2005 5 reasonable on this count. 11. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimants are entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 2,64,652/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. They are also entitled to 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. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1939/2005 6 MACA.No.1939/2005 7