IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 MACA.No. 39 of 2008() --------------------- OPMV.1670/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONERS 1 TO 3: ------------------------------------------- 1. FAMY JOHNSON, W/O. LATE JOHNSON, 2. JOFFEY (MINOR), S/O. LATE JOHNSON. 3. JOSHI (MINOR), S/O. LATE JOHNSON. (MINOR APPELLANTS 2 AND 3 ARE REPRESENTED BY THEIR GUARDIAN MOTHER 1ST APPELLANT HEREIN). ALL ARE RESIDING AT KOLLANNUR HOUSE, PORKULAM, P.O.MANGADU THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): RESPONDENTS/PETITIONERS 4 & 5: --------------------------------------------- 1. MRS. JEEJA PRAKASAN, W/O. PRAKASAN, RESIDING AT CHELLARI HOUSE, P.O. VELAPPAYA, THRISSUR DISTRICT. 2. SHAJI, S/O. ARAVINDAKSHAN, RESIDING AT ILLIKKAL VEETTIL, NEAR KELTRON, ATHANI P.O., KILLANNOOR, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD., ROUND NORTH, THRISSUR. 4. IYYUNNI, FATHER OF LATE JOHNSON. 5. LILLY, W/O. IYYUNNI. RESPONDENTS 4 AND 5 ARE RESIDING AT KOLLANNUR HOUSE, PORKULAM, P.O. MANGADU, THRISSUR DISTRICT. ADV. SRI.SIBY MATHEW FOR R.3 SRI.PHILIP J.VETTICKATTU FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 39 of 2008 ------------------------------------------------------ Dated: MAY 21, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 1670/2002 on the file of the Motor Accidents Claims Tribunal, Thrissur, challenges the judgment and award of the Tribunal dated March 23, 2006 awarding a compensation of Rs.3,27,000/- for the loss caused to the claimants on account of the death of deceased Johnson in a motor accident. 2. The facts leading to this appeal in brief are these: Deceased Johnson was a businessman earning Rs.6000/- per month, according to the claimants, and was aged 42 at the time of the accident. On February 26, 2002 at about 7.30 p.m. deceased Johnson was pillion riding on the motorcycle bearing registration No.KLH 3700 along Thrissur - Wadakkancherry public road and when he reached at Pudukkad it collided head on with the bus KL8/9570 driven by the 2nd respondent. The claimant sustained serious injuries and he succumbed to the injuries while undergoing treatment in the hospital. The bus also dashed against an autorickshaw in the incident in which the driver of the autorickshaw and the passenger were injured. The claimants are the wife and two minor children of deceased Johnson. M.A.C.A. 39 of 2008 2 According to the claimants the accident occurred due to the rash and negligent driving of the offending bus by the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimants. 3. This O.P. was jointly tried along with other two O.Ps. filed by the driver of the autorickshaw and the passenger of the autorickshaw involved in the accident and a common award was passed. 4. Respondents Nos. 1 and 2 remained absent and they were set ex parte by the Tribunal. The 3rd respondent, insurer of the offending bus filed a written statement admitting the policy and further contending that there was negligence on the part of the driver of the autorickshaw and the rider of the motorcycle. 5. Exts.A1 to A18 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.3,27,000/- with interest at 7% per annum from the date of petition till realisation and proportionate costs. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the counsel for the appellants/claimants and the M.A.C.A. 39 of 2008 3 counsel for the Insurance Company. 7. 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 is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 8. The Tribunal awarded a total compensation of Rs.3,27,000/-. The break up of the compensation awarded is as under:- Expense for transportation - Rs.1,000/- Damages to clothing - 1,000/- Expense for funeral - 5,000/- pain and suffering - 10,000/- loss of love and affection - 20,000/- loss of consortium - 25,000/- loss of estate - 25,000/- loss of dependency - 2,24,000/- -------------------- Total - 3,27,000/- ============ 9. The Counsel for the appellants/claimants sought enhancement of the compensation for the loss of dependency. The Tribunal took the monthly income of the deceased as Rs.2000/-, adopted a multiplier of 15 and after deducting one-third for his M.A.C.A. 39 of 2008 4 personal expenses, awarded Rs.2,24,000/- for the loss of dependency. Taking into consideration the contention of the claimants that the deceased was a businessman aged 42, we feel that his monthly income can be reasonably fixed at Rs.3000/-. After deducting one-third for his personal expenses, the balance amount of Rs.2000/- can be taken as his monthly contribution to his family. The multiplier adopted by the Tribunal as 15 is not seriously challenged. Thus calculated, for the loss of dependency the claimants are entitled to a compensation of Rs.3,60,000/-. Thus on this count the claimants are entitled to an additional compensation of Rs.1,36,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. There is another aspect. The Tribunal awarded interest only at the rate of 7% per annum which appears to be very low. The claimants will be entitled to interest at the rate of 7.5% per annum. 11. In the result, the claimants are entitled to an additional compensation of Rs.1,36,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded as well as for the enhanced compensation. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months M.A.C.A. 39 of 2008 5 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 mt/-