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 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 MACA.No. 1111 of 2008() ----------------------- OPMV.496/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): PETITIONERS -------------- 1. IBRAHIM,S/O.MOIDEEN,AGED 49, RESIDING AT PUTHIYOTTUMKANDI,P.O CHERUPURAM, VADAKARA. 2. PATHU,W/O.IBRAHIM,AGED 43, R/AT.PUTHIYOTTUMKANDI,P.O CHERAPURAM,VADAKARA. 3. MOIDU,S/O.IBRAHI, R/AT.PUTHIYOTTUMKANDI,P.O CHERAPURAM,VADAKARA. 4. KUNHAYISHA,W/O.SOOPPY, R/AT.PUTHIYOTTUMKANDI,P.O CHERAPURAM,VADAKARA. 5. SALMA,W/O.AZEEZ, R/AT.PUTHIYOTTUMKANDI,P.O CHERAPURAM,VADAKARA. 6. SUBAIDA,W/O.SULAIMAN, R/AT.PUTHIYOTTUMKANDI,P.O CHERAPURAM,VADAKARA. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT NO.2 --------------- UNITED INDIA INSURANCE COMPANY LIMITED CITY BRANCH,RAMEEZ ARCADE,O.H FLY OVER JUNCTION, CHEROOTTY ROAD,CALICUT 673032. ADV. SRI.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1111 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)496/2004 on the file of the Motor Accidents Claims Tribunal, Vadakara. They are the parents, bother and sisters of deceased Mansoor who died in a motor accident. On November 27, 2003, while the deceased was travelling in a jeep bearing Reg.No.KL/11 N 4457 from Ernakulam to Kakkuni and when he reached near Potta, it suddenly skid towards right side of the road and at that time a mini lorry came from the opposite side and dashed against the jeep. 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 jeep, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. 2. First respondent, the owner of the offending jeep remained absent before the Tribunal. The second respondent, the insurer of the MACA.No.1111/2008 2 offending jeep filed a written statement admitting the policy of the jeep, but denied the liability. 3. This O.P. was tried along with other O.P.s filed by the other injured persons and the legal heirs of other deceased persons and a common award was passed. Exts.A1 to A33 were marked on the side of the claimants before the Tribunal. Exts.B1 and B2 were marked on the side of the contesting second respondent. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.2,04,000/- with interest at the rate of 6% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellants/claimants and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the driver of the jeep is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. MACA.No.1111/2008 3 6. The Tribunal awarded a total compensation of Rs.2,04,000/-. 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/- Loss of love and affection - Rs. 25,000/- 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency and for loss of love and affection. 8. The Tribunal took the monthly income of the deceased as Rs.2000/- and after deducting 1/3 for his personal expenses, the balance amount of Rs. 16,000/- was taken was his annual contribution to his family. The Tribunal adopted a multiplier of 11 and awarded Rs. 1,76,000/- for loss of dependency. According to the claimants, deceased was a Painter aged 20, earning Rs. 6,000/- per month. Ext.A8 is the certificate of the Village Officer to that effect. Taking into consideration this aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs.3,000/- which comes to Rs. 36,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 24,000/- can be taken as his MACA.No.1111/2008 4 annual contribution to his family. Deceased was aged 20 at the time of the accident which is not disputed. His father was aged 54 and mother aged about 48 at the time of the accident as revealed from Ext.A4, the Family Membership Certificate produced by the claimants. Therefore, we feel that a multiplier of 13 would be reasonable in this case. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,12,000/- ( 24,000 x 13). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,36,000/-. 9. The Tribunal awarded Rs. 25,000/- for loss of love and affection . Taking into consideration the age of the deceased and in the circumstances of the case, we feel that an additional compensation of Rs. 15,000/- would be reasonable for the loss of love and affection. 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 MACA.No.1111/2008 5 for the enhanced compensation. 11. In the result, the appellants/claimants are found entitled to an additional compensation of Rs. 1,51,000/-. 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 respondent/second 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.1111/2008 6 MACA.No.1111/2008 7