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 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 1012 of 2008 OPMV.1519/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS : PETITIONERS 1. ELIAMMA @ SALAMMA, PANACKALPURACKAL PUNNAPRA P.O., ALAPPUZHA 2. MARY NIRMALA, AGED 19 YEARS D/O.ELIAMMA @ SALAMMA, PANCKALPURACKAL, PUNNAPARA PO, ALAPPUZHA 3. MARY ISSAC MINOR AGED 17 YEARS, D/O. ELIAMMA @ SALAMMA, PANACKALPURAKAL, PUNNAPARA PO. ALAPPUZHA. 4. JOSEPH ISSAC (MINOR), AGED 15 YEARS, D/O.ELIAMMA @SALAMMA, PANACKALPURACKAL, PUNNAPRA PO., ALAPPUZHA 5. MARY JOSEPH, PADINJARAKKUTTU VEEDU, POOVAM, PANACHIKKAD PO., BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): RESPONDENTS 1. BENEDICT, S/O.JOHN, SRAMPICKAL HOUSE VADACKAL, ALAPPEY DISTRICT 2. JOHNCY ANTONY, SOUTHERN POLYMERS AND CHEMICALS, DEVELOPMENT PLOT VI,691 A, VADACKAL ALLEPPEY. 3. THE NEW INDIA ASSURANCE CO.LTD., PB.NO.74, M.O. WARD, NEAR TOWN HALL, ALLEPPEY ADV. SRI.G.D.PANICKER FOR R2 SMT.JEENA JOSEPH FOR R2 SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1012 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February 2011 JUDGMENT Basheer, J. The wife, three minor children in the range of 6 to 10 years and the old mother of a deceased victim of a road traffic accident have preferred this appeal challenging the inadequacy of the amount of compensation awarded to them by the Motor Accident Claims Tribunal in a claim petition filed under Section 166 of the Motor Vehicles Act. 2. Deceased victim was, according to the appellants, working as a fisherman and earning Rs.4,500/- as monthly income at the time of his death. He was allegedly knocked down by a speeding lorry owned by respondent No.2 and driven by respondent No.1. The said vehicle was admittedly insured with respondent No.3. As against a claim for Rs.10,00,000/-, the Tribunal awarded a sum of Rs.1,80,000/- with 6% interest. It is contended by learned counsel for the appellant that the award is too meager and inadequate. Still further, the Tribunal committed serious illegality and irregularity in holding that the deceased himself had contributed to the accident to the extent of 20%. 3. We have carefully perused the materials available on record. It may at once be noticed that PW2 was examined on the side of the claimants. He deposed before the court that the deceased was knocked down by the speeding lorry while he was walking along with the deceased. No contra evidence was adduced by the driver of the offending vehicle. It is also on record that respondent No.1, the driver of the lorry, was charge sheeted by the police for the offences punishable under Sections 279 and 304(A) IPC. In that view of the matter, we do not find M.A.C.A.No.1012 OF 2008 :: 2 :: any reason to sustain the finding entered by the Tribunal holding the deceased victim guilty of contributory negligence. Therefore, the said finding is set aside. 4. The Tribunal has reckoned the notional monthly income of the deceased as Rs.1500/-. In our view, the monthly notional income can be taken as Rs.2,500/-. The multiplier of 16 applied by the Tribunal appears to be correct. The compensation payable under the head of loss of dependency can be re- worked thus: 2500 x 12 x 2/3 x 16 = 3,20,000/- 5. The Tribunal has awarded only a sum of Rs.10,000/- under the head of loss of consortium. Appellant No.1 was aged 35 at the time of death of her husband. Therefore, in our view, the compensation under the head of loss of consortium can be enhanced to Rs.15,000/-. For loss of love and affection, the Tribunal has awarded only a sum of Rs.10,000/-. The appellants shall be entitled to get Rs.30,000/- under this head. The Tribunal has awarded interest only at the rate of 6%. Appellants shall be entitled to get interest at the rate of 7.5% from the date of application till the date of realisation. However, appellants shall not be entitled to get interest for the period of delay of 1378 days in filing the appeal. The insurance company shall deposit the amount before the Tribunal within one month from the date of receipt of a copy of this judgment. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes