IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 MACA.No. 1658 of 2011() ----------------------- OPMV.924/2010 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): PETITIONERS ------------------------- 1. K.V.CHANDRAN, S/O.APPU NAIR, AGED 57 YEARS, THAYYIL PARAMBIL HOUSE, P.O.VELLIPARAMBA, KOZHIKODE DISTRICT. 2. P.GEETHA, W/O.K.V.CHANDRAN, AGED 51 YEARS, THAYYIL PARAMBIL HOUSE, P.O.VELLIPARAMBA, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. R.NAGENDRAN,S/O.G.K.RAJAMANI, 18,KAMMAYA EXTENSION,VAIKKAL ROAD, GOBICHETTIPALAYAM,PERIYAR,TAMILNADU-638452, (OWNER OF LORRY BEARING REG.NO.TN-36J-7998). 2. MUHAMMED SALIM, S/O.MUHAMMED HASSAN, 40,RAJAJI NAGAR,COONOOR,NILGIRIS, TAMIL NADU-643101, (DRIVER OF LORRY BEARING NO.TN-36J-7998). 3. THE ORIENTAL INSURANCE CO. LTD., GOBICHETTIPALAYAM, 59, RAJA STREET, TAMIL NADU-638476, (INSURER OF LORRY BEARING REG.NO.TN-36J-7998). R3 BY ADV. SRI.MATHEWS JACOB, SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------- M.A.C.A No. 1658 of 2011 ----------------------------------------------- Dated this the 28th day of October, 2011 JUDGMENT R.BASANT,J. Claimants are appellants. They are father and mother of the deceased, a young person aged about 23 years. He suffered injuries in a motor accident which took place on 4.4.2009. He was a VIIth semester student of B.E Course. He had already taken a diploma in applied electronics (as indicated in A10). He succumbed to the injuries on the date of the accident. Against a total claim of Rs.12,00,000/- staked by the claimants, the tribunal awarded a total amount of Rs.5,09,600/-as compensation as per details given in paragraph 12 of the impugned award which we extract below: Sl. No . Head of Claim Amount Claimed (Rs.) Amount awarded (Rs.) Details 1 Transport to hospital 10,000.00 5,000.00 2 Damage to clothing 10,000.00 1,000.0 3 Treatment expenses 78,600.00 78,600.00 Entire bills amount 4 Pain and sufferings of the victim 10,000.00 10,000.00 5 Loss of estate 5,00,000.00 6,000.00 6 Funeral expenses 10,000.00 3,000.00 7 Loss of love and affection Nil 10,000.00 M.A.C.A No. 1658 of 2011 2 Sl. No . Head of Claim Amount Claimed (Rs.) Amount awarded (Rs.) Details 8 Loss of future economic benefits 5,00,000.00 3,96,000.00 6,000x12x11x1/2 Total 5,09,600/- 2. The insurer was made entirely liable under the impugned award. 3. We have heard the learned counsel for the appellant. For the respondent, Insurance Company, Adv. Sri.Mathews Jacob has entered appearance. We have heard the counsel for the Insurance Company also. Challenge is raised only against the quantum of compensation awarded by the Tribunal. 4. Called upon to explain and be specific, the learned counsel for the appellant has trained all his guns against the quantification of the loss of the dependency only. The tribunal had accepted Rs.6,000/- as the probable income of the deceased who had not actually started earning. 11 has been reckoned as the multiplier and one half of the probable monthly income was reduced to provide for the living expenses of the deceased, a bachelor. It is accordingly that Rs.3,96,000/- (6,000X12X11X½) M.A.C.A No. 1658 of 2011 3 has been awarded under the head of loss of dependency. The learned counsel for the appellant first of all contends that the amount of Rs.6,000/- reckoned by the Tribunal as probable monthly income is totally unsatisfactory considering the qualification and accomplishments of the deceased. We are unable to agree. On the available inputs, we can ascertain that the deceased was a young man aged about 23 years. He was also undergoing his B.E.course. We are not persuaded to agree that the amount of Rs.6,000/- reckoned as probable monthly income does warrant appellate interference. 5. Learned counsel for the appellant contends that in any view of the matter the tribunal had erred in reckoning 11 as the multiplier. The age of the mother of the deceased is proved convincingly by Exhibit A 26 , her S.S.L.Certificate. That shows, that the date of birth is 4.5.1959. That evidently shows that on the date of death of her deceased son she had not completed the age of 50 years. Following Sarala Verma v.Delhi Transport Corporation ((2009) 6 SCC 1211) the 2nd claimant/ appellant is therefore entitled to have 13 reckoned as the multiplier. We accept the submissions of the learned counsel for the appellants. M.A.C.A No. 1658 of 2011 4 6. We are not persuaded to agree that the amount awarded under any head deserves or warrants interference. 7. The above discussions lead to the conclusions that the appellants are entitled for a further amount of Rs.Rs.72,000/- as compensation, in addition to the amount awarded by the Tribunal, as per the details shown below: Compensation for loss of dependency :Rs.72000/- (6000 x 12 x13 x ½ = 4,68,000 minus 3, 96,000/-) 8. Learned Counsel for the appellant contends that only an amount of Rs.2,000/- has been awarded as cost. Learned counsel argues and we agree that proportionate costs in the proceedings before the Tribunal on the entire amount of compensation calculated as per the dictum in Jeena v. Satheesh Babu (2011 (3) KLT 943) is liable to be awarded. 9. In the result: a. This appeal is allowed in part. b. Appellant are entitled to further amount of Rs.72000/- in addition to the amount already awarded by the Tribunal. c. We direct that the entire amount of compensation shall carry interest at the rate and for the period as specified by the Tribunal in the impugned award. d. We further direct that proportionate cost in the M.A.C.A No. 1658 of 2011 5 proceedings before the Tribunal for the entire amount of compensation shall be paid to the claimant as held in Jeena v. Satheesh Babu (2011 (3) KLT 943) e. All other directions of the Tribunal are upheld. Sd/- R.BASANT (JUDGE) Sd/- K.SURENDRA MOHAN (JUDGE) rkc //True Copy// PA to Judge.