IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 MACA.No. 1723 of 2006() ----------------------- OPMV.143/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANTS/PETITIONERS: ------------------------------- 1. MUMTHAZ, AGED 25 YEARS, W/O.LATE BADRUDDIN, RESIDING AT LT.HASHIM STREET, THERUVATH, KASARAGOD VILLAGE AND POST, KASARAGOD DISTRICT. 2. BIDAR AHAMED, S/O.LATE BADRUDDIN, AGED 5 YEARS, MINOR, REPRESENTED BY 1ST APPELLANT, MOTHER. 3. UMMALIMMA, W/O.T.A.AHAMMED KUNHI, AGED 55 YEARS, RESIDING AT LT.HASHIM STREET, THERUVATH, KASARAGOD VILLAGE AND POST, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. K. KRISHNAN, S/O. RAMAN, BARIKAD, P.O. KALLAKATTA, KASARAGOD. 2. K.B. BALAKRISHNA RAI, SRI.NAVADURGA PRASAD, M.B. ROAD, PADIL, KANNUR, MANGALORE-7. 3. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., CITY BRANCH, KULIADI BUILDINGS, K.S. RAO ROAD, HAMPANKATTA, MANGALORE. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.1723 of 2006 -------------------------------------- Dated this the 30th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The wife, minor child and mother of a person died in a motor vehicle accident, who were the claimants before the Tribunal, are in appeal seeking enhancement of the compensation awarded. The accident occurred when a Bus hit against the Motor Cycle on which the deceased was riding. He succumbed to the injuries while undergoing treatment, 21 days after the accident. During the course of treatment he underwent three major surgical procedures and his right leg was amputated. The deceased was aged 28 years at the time of accident. He was conducting a textile shop. Ext.A5 copy of the application for registration submitted under the provisions of the Central Sales Tax Act was produced to prove that the deceased was the proprietor of a concern named 'AJHCO Fashion'. Apart from that he had produced Ext.A6 PAN Card issued by the Income Tax Department. The Tribunal adopted notional income of the deceased as Rs.1800 per month and after deducting 1/3rd for his personal expenses, compensation for loss of estate and dependency was calculated adopting the multiplier of 18. Thus an amount of Rs.2,59,200/- was awarded under the head of MACA.1723/06-F 2 compensation for loss of dependency. The medical expenditure incurred to the tune of Rs.2,08,000/- was also awarded. The total compensation awarded by the Tribunal is Rs.4,76,700/-. 2. Heard the learned counsel appearing for the appellants and Standing Counsel appearing for the 3rd respondent/insurance company. The appellants contended that the notional income of Rs.1800/- fixed by the Tribunal is highly unrealistic and too inadequate, considering the evidence regarding conduct of textile shop by the deceased. It is also contended that the amount of Rs.5,000/- awarded under the head of pain and suffering, Rs.10,000/- awarded under the head of consortium and Rs.5000/- awarded under the head of love and affection are highly inadequate. 3. Learned Standing Counsel on the other hand vehemently opposed enhancement of the compensation contending that reasonable amount has already been awarded by the Tribunal. On an active consideration of the entire evidence on record and the facts and circumstances of the case, we are of the opinion that the amount of Rs.1800/- adopted by the Tribunal as notional income is on the lower side. We are inclined to re-fix the income on a moderate estimate at Rs.2500/- per month. Calculated on that basis the compensation for loss of dependency need be re-fixed at Rs.3,60,000/- which will entitle the appellants for an enhancement of Rs.1,00,800/- under that head. It is MACA.1723/06-F 3 evident that the deceased underwent prolonged treatment in the hospital for 21 days. Hence we feel that the amount awarded under the head of compensation for pain and suffering need be re-fixed as Rs.15,000/- which will entitle the appellants for a further sum of Rs.10,000/-. We are also inclined to increase the amount awarded under the head of loss of love and affection by a further sum of Rs.5000/-. This will entitle the appellants for a total enhancement of Rs.1,15,800/- 4. Learned Standing Counsel for 3rd respondent contended that the rate of interest at 9% awarded by the Tribunal is excessive. We find force in the said contention and limit the rate of interest to 7.5% for the enhancement granted. In the result the appeal is allowed in part enhancing the total compensation of Rs.4,76,700/- awarded by the Tribunal by a further sum of Rs.1,15,800/-, which will carry interest @ 7.5% from the date of claim petition till payment. The 3rd respondent/insurance company will make payment of the amount within a period of 3(three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb