IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 MACA.No. 21 of 2005() ----------------- OPMV.91/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .............. APPELLANTS / PETITIONERS IN OP (MV): ---------------------------------------------------------- 1. GOVINDAN NAIR, VALORU HOUSE, MADAYIKONAM P.O., MUKUNDAPURAM TALUK. 2. JAYACHANDRAN, S/O. GOVINDAN NAIR, VALORU HOUSE, MADAYIKONAM P.O., MUKUNDAPURAM TALUK. 3. HAREESH CHANDRAN, S/O. GOVINDAN NAIR, VALORU HOUSE, MADAYIKONAM P.O., MUKUNDAPURAM TALUK. 4. ASHA, D/O. GOVINDAN NAIR, VALORU HOUSE, MADAYIKONAM P.O., MUKUNDAPURAM TALUK. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS / RESPONDENTS 1 TO 3 IN OP(MV) : -------------------------------------------------------------------------- 1. SREE MOOKAMBIKA ENTERPRISES, 48, B.N.ROAD, 11 FLOOR, T. NAGAR, MADRAS-600 017. 2. RAMACHANDRAN, S/O. IYYAMPERUMAL, KANDIPUTHUR, NAVAPETTI P.O., METTUR, SALEM DISTRICT. 3. THE NATIONAL INSURANCE CO., GUINDY DIVISION, 54, G.S.T. ROAD, CHENNAI. R3 BY ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 21 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 19th day of January, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.91/1998 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the husband and major children of deceased Subhadra who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated July 20, 2004 awarding a compensation of Rs.1,47,000/- for the loss caused to them on account of death of Subhadra in a motor accident. 2. The accident occurred on November 8, 1997 at about 1.30 p.m. near Kurumalikkavu Temple. While Subhadra was standing by the side of National Highway 47 a lorry bearing registration No.TN-9/F 2028 came from south to north and dashed against the rear side of a mini lorry bearing registration No.KL-3/6651, as a result of MACA 21/2005 2 which the 4th respondent driver of the mini lorry lost control and knocked down Subhadra. She sustained serious injuries and she succumbed to the injuries sustained while undergoing treatment in Heart Hospital, Thrissur. Alleging negligence against the drivers of both the vehicles, respondents 2 and 4, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.2,50,000/- for the loss caused to them on account of the death of Subhadra in the accident. 3. Respondents 1 and 2, owner and driver of the lorry, remained absent before the Tribunal. The 4th respondent owner-cum-driver of the mini lorry though entered appearance did not file any written statement. Respondents 3 and 5 insurers of the respective vehicles filed written statements admitting the policy but attributed negligence to the driver of the other vehicle. 4. PW1 was examined and Exts. A1 to A7 were marked on the side of the claimants. Ext.B1 was marked on the side of the respondents. The Tribunal, on an MACA 21/2005 3 appreciation of the evidence, found that the accident occurred due to negligence on the part of the 2nd respondent driver of the lorry and awarded a compensation of Rs.1,47,000/- with interest @ %6 per annum from the date of petition till realization and proportionate cost against respondents 1 to 3. 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 the 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 of the 2nd respondent, the driver of the lorry 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.1,47,000/-. Break up of the compensation awarded is as under:- MACA 21/2005 4 Transport to hospital : Rs. 500 Pain and suffering : Rs. 5,000 Loss of consortium : Rs. 5,000 Loss of estate : Rs. 2,500 Funeral expenses : Rs. 2,000 Loss of dependency : Rs.1,32,000 ------------------ Total : Rs.1,47,000 ======== 8. The learned counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for her personal expenses balance amount of Rs.1,000/- was taken as her contribution to her family, adopted a multiplier of 11 and awarded a compensation of Rs.1,32,000/- for the loss of dependency. According to the claimants, the deceased was a Tailor earning Rs.3,000/- per month. Taking into consideration the above aspect, we feel that her monthly income can reasonable be fixed at Rs.2,000/-, which comes to Rs.24,000/- per annum, and after deducting 1/3rd for her personal expenses, balance amount of Rs.16,000/- can be MACA 21/2005 5 taken as her annual contribution to her family. Multiplier of 11 adopted by the Tribunal is not seriously challenged, as the deceased was aged 55 at the time of the accident. Thus, for the loss of dependency, the claimants are entitled to a compensation of Rs.1,76,000/-. Thus, the claimants are entitled an additional compensation of Rs. 44,000/- on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are 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 found entitled to an additional compensation of Rs.44,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. They are entitled to interest at 7.5% p.a. from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 3rd respondent Insurance Company shall deposit the amount within two months from the date of receipt of a MACA 21/2005 6 copy of this judgment with notice to the claimants. 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. mn.