IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 MACA.No. 1340 of 2006() ----------------------- OP(MV).109/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONERS. ------------------------------------- 1. RAJASREE, WIDOW OF RADHAKRISHNA KURUP, 31 YEARS, RESIDING AT KIZHAKKEDATHU VEEDU, THAYANKARY, EDATHUA PANCHAYATH. 2. RADHIKA.R.KURUP (MINOR), D/O. RADHAKRISHNA KURUP, AGED 10 YEARS, RESIDING AT KIZHAKKEDATHU VEEDU, THAYNKARY, EDATHUA PANCHAYATH. 3. DEVIKA R.KURUP(MINOR), D/O. RAHDHAKRISHNA KURUP, AGED 7 YEARS, RESIDING AT KIZHAKKEDATHU VEEDU,THAYANKARY, EDATHEUA PANCHAYATH. (THE 2ND & 3RD APPELLANTS ARE MINORS AND ARE REPRESENTED BY 1ST APPELLANT IN THE CAPACITY AS MOTHER AND NATURAL GUARDIAN). 4. RUGMINI AMMA, W/O. KARUNAKARAN PILLAI, AGED 62 YEARS, RESIDING AT KIZHAKKEDATHU VEEDU, THAYANKARY, EDATHUA PANCHAYATH. BY ADV. SRI.N.NAGARESH SRI.BINU PAUL RESPONDENT(S): RESPONDENTS. --------------------------- 1. JOSE PHILIP, S/O. V.M.PHILIPOSE, VELAMPARAMBIL, PULLAD, THIRUVALLA. 2. SIVAN, S/O. AYYAPPAN, KARAMCHERY HOUSE, NOW RESIDING AT IRUNNOTINALPATHILCHIRA VEEDU, WARE VII, EDATHUA PANCHAYAT, THIRUVALLA. (DELETED) 3. NATIONAL INSURANCE CO.LTD., CHANGANASSERY BRANCH - REPRESENTED BY ITS BANCH MANAGER, ALAPPUZHA. NAME OF THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 25-8-2009 IN I.A. 2013/2009. ADV. SRI.ARUN.B.VARGHESE FOR R1 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1340 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of December, 2011 JUDGMENT Ramkumar, J. In this appeal filed under section 173 of the Motor Vehicles Act (“M.V.Act” for short) the appellants who are the claimants in O.P.(MV) No.109/2001 on the file of the Motor Accidents Claims Tribunal, Alappuzha seek enhancement of the compensation awarded to them. 2. This was a case of death of one Radhakrishna Kurup, aged 35 years, who was the husband of the 1st claimant and father of claimants 2 and 3 (minor daughters). The 4th claimant, aged 62, was the mother of said Radhakrishna Kurup. 3. On 19-6-2000 at about 7.30 p.m. deceased Radhakrishna Kurup was proceeding on his bicycle from north to south along Ramankary-Edathua road. When he reached near St.Pauls Church, the offending auto-rickshaw, MACA 1340/2006 2 driven by the 2nd respondent before the Tribunal, came from the opposite direction and dashed against the bicycle, resulting in Radhakrishna Kurup being thrown of the bicycle and sustaining fatal injuries. Even though he was rushed to the Medical College Hospital, Alappuzha, he succumbed to the injuries at 9.40 p.m. on the same day. The aforementioned claimants thereafter preferred the O.P. (MV) claiming a total compensation of Rs.8,50,000/-. 4. We heard the learned counsel appearing for the appellants and the learned counsel appearing for the 3rd respondent Insurance Company. The liability of the insurer is admitted. 5. The claimants alleged that Radhakrishna Kurup who was a B.Com degree holder with Accountancy training was working as a Sales-tax Consultant and Auditor and was earning a monthly income of Rs.6,000/-. His widow, examined as PW1, stated before the Tribunal that Radhakrishna Kurup was contributing Rs.4,000/- per month by way of salary. Even though the said statement was not MACA 1340/2006 3 challenged in cross-examination, the Tribunal took his monthly income only as Rs.3,000/- and deducting 1/3rd therefrom and adopting 16 as the multiplier, granted a sum of Rs.3,84,000/- as compensation for loss of dependency as against the claim of Rs.7,68,000/-. Under other heads the Tribunal awarded Rs.1,000/- for transport to hospital, Rs.500/- as damage to clothing, Rs.2,500/- as funeral expenses, Rs.3,000/- as compensation for pain and suffering and Rs.15,000/- as compensation for loss of love and affection. 6. Having regard to the employment of the deceased and having regard to the unchallenged testimony of PW1, we are inclined to fix the monthly income of deceased Radhakrishna Kurup at Rs.5,000/- from which 1/3rd will have to be deducted towards his personal expenses. The first claimant-widow was aged 31 years and the other claimants are his minor daughters. Hence, 17 will be the appropriate multiplier. Accordingly, loss of dependency would come to Rs.6,80,000/-. After deducting Rs.3,84,000/- awarded by the MACA 1340/2006 4 Tribunal, the enhanced dependency compensation shall be Rs.2,96,000/-. 7. The Tribunal awarded Rs.3,000/- towards pain and suffering, which is on the lower side. At least Rs.10,000/- should have been awarded. Similarly, no amount has been awarded for loss of consortium. We hold that Rs.10,000/- would be awarded as compensation for loss of consortium to the widow. Similarly, nothing has been awarded towards loss of estate. We hold that Rs.5,000/- would be the appropriate amount under this head. Adding the above amounts and deducting the amount already awarded by the Tribunal, the enhanced compensation will come to Rs.3,18,000/-, which shall bear interest @ 7.5% per annum from the date of O.P.(MV) till realization. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. The 3rd respondent Insurance Company which has admitted its liability shall deposit the above amount within two months from today. MACA 1340/2006 5 In the result the appeal is allowed in part with proportionate costs. V.RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE mn.