IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 MACA.No. 1172 of 2005() ------------------------------------- OPMV.154/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): /PETITIONER. -------------------------------------------- PERIYASWAMY.K. DOOR NO. 21/73, ATTHIKUNNA ESTATE, NELLIYALAM, GOODALLOOR TALUK, NILAGIRI DISTRICT, TAMIL NADU, NOW RESIDING AT OLICKAL HOUSE, UPPUTHARA VILLAGE, UPPUTHARA PO, KAKKATHODU. BY ADVS. SRI.K.J.KURIACHAN SMT.P.P.STELLA RESPONDENT(S): RESPONDENTS. --------------------------------------------------- 1. S.PALANIVEL, S/O.SANKODEN, 537, SWADIRAI NAGAR, KARKOODELPATTY P.O. RASSIPURAM, TAMIL NADU. 2. K.NADARAJAN, S/O.KANDASWAMY, NO 7, RCC 260/261, S.G.MULL ROAD, CHAMRAJPET, BANGALORE 18. 3. UNITED INDIA INSURANCE COMPANY LTD., RASIPURAM, TAMIL NADU. R3 BY ADV. SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1172 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 1st day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in OP(MV) No.154/2001 on the file of the Motor Accidents Claims Tribunal, Thodupuzha. He is the father of deceased Raju who died in a motor accident. In this appeal, he challenges the judgment and award of the Tribunal dated April 27,2004 awarding a compensation of Rs. 2,08,000/- for the loss caused to him on account of the death of the deceased in that accident. 2. The accident happened on March 2, 2000 at about 5 p.m. While deceased Raju was driving a mini lorry bearing Reg.No.KL 6A 6600 from Trichy to Dindugal and when he reached at Dindugal, it dashed against a lorry bearing Reg.No.KA-01A/1476 driven by the second respondent. Raju sustained serious injuries and he died on the spot. Alleging negligence against the second respondent, the claimant MACA 1172/2005 2 filed the O.P. under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.4,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the lorry bearing Reg.No.KL-01A/1476 remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. This O.P. was jointly tried along with another O.P. filed by the legal heirs of deceased Jose, who was also travelling in the mini lorry bearing Reg.No.KL 6A 6600 and a common award was passed by the Tribunal. PW1 was examined and Exts.A1 and A12 were marked on the side of the claimants before the Tribunal. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs.2,08,000/- with interest at the rate of 6% per annum from the date of petition till realization. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA 1172/2005 3 5. Heard counsel for the appellant/claimant 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 second respondent is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.2,08,000/- The break up of the compensation awarded is as under: Loss of estate - Rs.1,95,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 1,000/- Loss of love and affection - Rs. 10,000/- 8. The learned counsel for the claimant sought enhancement of compensation for the loss of dependency and on other heads. The learned counsel also argued that no compensation was awarded for pain and suffering endured by the deceased. MACA 1172/2005 4 9. The Tribunal took the monthly income of the deceased as Rs.2,000/- and after deducting 1/3rd for his personal expenses, balance amount of Rs.1250/- was taken as his monthly contribution to his family, adopted a multiplier of 13 and awarded Rs.1,95,000/- for the loss of dependency. The deceased was aged 46 at the time of the accident and was a driver. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.3,000/-. After deducting 1/3rd for his personal expenses, balance amount of Rs.2,000/- can be taken as his monthly contribution to his family. The multiplier of 13 adopted by the Tribunal appears to be reasonable. Thus, for the disability caused, the claimants are entitled to a compensation of Rs.3,12,000/-(Rs.24,000/- x 13). Thus, on this count the claimants are entitled to an additional compensation of Rs.1,17,000/-. 10. The Tribunal awarded Rs.10,000/- for loss of love and affection. Taking into consideration the age of the deceased and the claimant, we feel that a compensation of MACA 1172/2005 5 Rs.20,000/- would be reasonable on this count. 11. No compensation was awarded for pain and suffering endured by the deceased. In the circumstances of the case, we feel that a compensation of Rs.10,000/- would be reasonable for pain and suffering endured by the deceased. 12. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs.1,37,000/-. He is 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 and proportionate cost. MACA 1172/2005 6 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 mn.