IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 MACA.No. 915 of 2007() ---------------------- OPMV.1307/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. RETANAMMA,W/O.MOHANDAS,RETNA NIVAS, DEVAGIRI,MEDICAL COLLEGE. 2. RANJITH KUMAR,S/O.MOHANDAS,RETNA NIVAS, DEVAGIRI, MEDICAL COLLEGE 3. RAJASREEJA,D/O.MOHANDAS, RETNA NIVAS,DEVAGIRI,MEDICAL COLLEGE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.M.P.PRASANTH RESPONDENTS/ RESPONDENTS -------------------------- 1. M.T.POKKERKUTTY,S/O.AYAMMEDKUTTY, S/O.AYAMMEDKUTTY,METHELATHODUKAYIL VEEDU, PUTHUPPADY,PO. 2. UNITED INDIA INSURANCE COMPANY LIMITED., VELIMANNA BUILDING,THAMARASSERY. 3. T.C.K.KALAM,S/O.MOIDEENKUNHI , THANIKUNDUGAL HOUSE, VELLIYAPARAMBA,KATHARAMMAL,KODUVALLI. ADV. SRI.P.R.SREEJITH FOR R1 SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 915 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.1307/1998 on the file of the Motor Accidents Claims Tribunal, Kozhikode. They are the wife and children of deceased Mohandas who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated February 11, 2008 awarding a compensation of Rs. 1,95,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On May 12, 1998 at about 7 a.m., while the deceased was riding his scooter bearing Reg.No.KL 11/B 213, he was knocked down by a mini lorry bearing Reg.No.KL 11/C 5583. 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 lorry, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. MACA.No.915/2007 2 3. The third respondent, the owner of the offending lorry filed a written statement admitting the accident, but denied the liability. The first respondent though entered appearance before the Tribunal did not file any written statement before the Tribunal. The second respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. Exts.A1 to A5 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the driver of the lorry and awarded a total compensation of Rs.1,95,000/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.300/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard 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 MACA.No.915/2007 3 driver of the mini 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.1,95,000/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,76,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 1,000/- Pain and suffering - Rs. 5,000/- Loss of consortium - Rs. 10,000/- Medical treatment - Rs. 1,000/- 8. Counsel for the claimants sought enhancement of compensation for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.2,000/- which works out to Rs. 24,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 16,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 11 and awarded Rs. 1,76,000/- for the loss of dependency. According to the claimants, the deceased was conducting poultry farm. MACA.No.915/2007 4 Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,500/- which comes to Rs. 42,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 28,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 11 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.3,08,000/- ( 28,000 x 11). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,32,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. 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. 11. In the result, the claimants are found entitled to an additional compensation of Rs.1,32,000/- . They are entitled to interest MACA.No.915/2007 5 @ 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.915/2007 6