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 20TH OCTOBER 2010 / 28TH ASWINA 1932 MACA.No. 1461 of 2005() ------------------------------ OPMV.1834/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS IN OP(MV): ----------------------------------------------- 1. ROSSY, W/O. VARGHESE, ALUKKA HOUSE, KUTTICHIRA P.O.,MUKUNDAPURAM TALUK. 2. BIJU, S/O.LATE VARGHESE, ALUKKA HOUSE, KUTTICHIRA P.O.,MUKUNDAPURAM TALUK. 3. BAIJU, S/O. LATE VARGHESE, ALUKKA HOUSE, KUTTICHIRA P.O.,MUKUNDAPURAM TALUK. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): ----------------------------------------------------- 1. G.T. ARASU, S/O. T.GOPAL, 5TH CROSS, B.H.ROAD, BHADRAVATHI P.O., SHIMOGA DISTRICT. 2. V.SRINIVAS, S/O. VENKATESHAPPA, PAPER TOWN, BHADRAVATHI P.O., SIMOGA DISTRICT. 3. MANAGER, UNITED INDIA INSURANCE CO. LTD., C.N. ROAD, BHADRAVATHI P.O., SHIMOGA DISTRICT. R3 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No.1461 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1834 of 1993 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the wife and two children of deceased Varghese who died in a motor accident on December 23, 1999 at 7.10 p.m. at Muringoor Kappela junction. The accident happened while he was walking along the side of the road, he was knocked down by a lorry bearing registration No.KA-13/2137, driven by the 2nd respondent. Alleging negligence against the 2nd respondent, the claimants filed the O.P. before the Tribunal, claiming a compensation of Rs.3 lakhs. 2. The 1st respondent, the owner of the offending lorry, remained absent before the Tribunal. No relief was sought against the 2nd respondent. The 3rd respondent, MACA 1461/2005 2 insurer of the offending lorry, filed a written statement, admitting the policy. 3. Exts.A1 to A8 were marked on the side of the claimants and Ext.B1 was marked on the side of the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the 2nd respondent and awarded a compensation of Rs. 1,92,846/- with interest @ 6% per annum from the date of petition till realization and proportionate costs. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimants and the learned 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 2nd respondent, driver of the offending lorry, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the MACA 1461/2005 3 claimants are entitled to any enhanced compensation ? 6. The Tribunal awarded a total compensation of Rs.1,92,846/-. Break up of the compensation awarded is as under:- Medical expenses : Rs. 5,346/- Transportation : Rs. 1,000/- Funeral expenses : Rs. 2,000/- Loss of estate : Rs. 2,500/- Pain and suffering : Rs. 6,000/- Loss of consortium : Rs. 10,000/- Loss of love and affection : Rs. 10,000/- Loss of dependency : Rs. 1,56,000/- ------------------ Total : Rs. 1,92,846/- ======== 7. The learned counsel for the appellants sought enhancement of compensation for the loss of dependency, loss of consortium and loss of love and affection. 8. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses, took balance amount of Rs.1,000/- per month as his contribution to his family, which comes to Rs.12,000/-per annum. The Tribunal took the multiplier of MACA 1461/2005 4 13, as the deceased was aged 46 at the time of his death and awarded a total compensation of Rs.1,56,000/- towards the loss of dependency. According to the claimants, deceased was earning Rs.6,000/- per month from his business. Taking into consideration the above aspect, we feel that his monthly income of the deceased can reasonably be fixed at Rs.2,5000/- ,which comes to Rs.30,000/-. After deducting 1/3 for his personal expenses, balance amount of Rs.20,000/- can be taken as his annual contribution to his family. The 1st claimant, wife of the deceased, testified that deceased was aged only 45 at the time of the accident. Therefore, proper multiplier that can be adopted in this case is 14. Thus, for the loss of dependency, the claimants are entitled to a compensation of Rs.2,80,000/- (Rs.20,000/- x 14). Thus, the claimants are entitled an additional compensation of Rs.1,24,000/- on this count. 9. The Tribunal awarded a compensation of Rs.10,000/- towards loss of consortium, which appears to be very low. Taking into consideration the age of the 1st MACA 1461/2005 5 claimant-widow, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 10. Rs.10,000/- was awarded for loss of love and affection. Taking into consideration the age of the 1st claimant, we feel that a compensation of Rs.20,000/- would be 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 realization for the compensation already awarded and also for the enhanced compensation. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. 12. In the result, the claimants are entitled to an additional compensation of Rs.1,71,000/- with interest @ 7.5% p.a. from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The claimants are also entitled to MACA 1461/2005 6 proportionate costs. The 3rd respondent being the insurer of the offending lorry shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. The award of the Tribunal is modified to the above extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.