IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 1605 of 2004() ----------------------- OPMV.502/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. SAILAKUMARI W/O. LATE D.SAHADEVAN, CHAKKALAPPARAMPIL HOUSE, RUBBER BOARD KARA, RUBBER BOARD P.O., PUTHUPPALLY VILLAGE, KOTTAYAM. 2. LAKSHMI S., D/O. LATE D.SAHADEVAN (MINOR) OF DO. DO. REPRESENTED BY MOTHER AND NEXT FRIEND SAILAKUMARI. 3. VISHNU SAHADEVAN S/O. LATE D.SAHDEVAN, (MINOR) OF DO. DO. MOTHER AND NEXT FRIEND SAILAKUMARI 4. C.C.DAMODARAN S/O. KRISHNAN SHANKU CHAKKALAPPARAMPIL HOUSE, RUBBER BOARD KARA, RUBBER BOARD P.O., PUTHUPPALLY, KOTTAYAM. 5. LAKSHMIKUTTY, W/O. C.C.DAMODARAN, OF DO. DO. BY ADV. SRI.K.A.HASSIM RESPONDENT(S): RESPONDENTS -------------------------- 1. P.V.SAIJU S/O. VARGHESE, POTTAKKAL HOUSE, OORMANA P.O. 2. MADHUSOODHANAN NAIR S/O. RAGHAVAN PILLAI, KOTTARAMPARAMPIL HOUSE, THIRUVAMPADY, ALAPPUZHA. MACA.NO.1605/2004 3. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R3 SMT.ANEY PAUL FOR R1 SRI.PHILIP J.VETTICKATTU FOR R1 SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1605 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.502/2001 of Motor Accidents Claims Tribunal, Kottayam challenge the judgment and award of the Tribunal dated July 23, 2004 awarding a compensation of Rs. 7,81,580/- for the loss caused to them on account of the death of deceased Sahadevan in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased Sahadevan was employed as Grade II Driver of Rubber Board Central Officer, Kottayam and was getting a salary of Rs. 6309/-. Claimants are the widow, children and parents of the deceased. On January 28, 2001 at about 3.15 p.m., deceased was riding his motor cycle bearing Reg.No.KL 04A/4143 along Alleppy - Changanacherry road. When he reached near Kidangara, a KSRTC bus bearing Reg.No.KL-15/2043 driven by the first respondent came at a MACA.No.1605/04 2 high speed and dashed against the motor cycle of the deceased. Deceased was thrown on the road and another KSRTC bus bearing Reg.No.KL-15/1029 driven by the second respondent ran over his body. Claimant died on the spot. According to the claimants, the accident occurred due to the negligence of the drivers of both the vehicles. Respondents 1 and 2 as the drivers of the vehicle and third respondent as the owner of the said vehicles, KSRTC, are jointly and severally liable to pay compensation to the claimants, who are the legal heirs and depandants of the deceased. 3. Respondents filed written statements before the Tribunal admitting the accident, but contributed negligence on the part of the deceased. Pws 1 and 2 were examined and Exts.A1 to A10 were marked on the side of the claimants before the Tribunal. RW1 was examined on the side of the respondents before the Tribunal. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 7,81,580/- with interest @ 6% per annum from the date of petition till realisation and a cost o Rs.. 8,000/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the MACA.No.1605/04 3 Tribunal. 4. Heard the counsel for the appellants/claimants and the counsel for the respondents. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the drivers of both the vehicles is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.7,81,580/-. The break up of the compensation awarded is as under : Loss of dependency - Rs. 7,57,080/- Pain and suffering - Rs. 10,000/- Love and affection - Rs. 10,000/- Funeral expenses - Rs. 2,000/- Loss of estate - Rs. 2,500/- 7. Counsel for the claimants sought enhancement of compensation for the loss of dependency, loss of love and affection, loss of consortium and loss to the estate. 8. The Tribunal took the monthly income of the deceased as Rs. 6309/- and after deducting 1/3 for his personal expenses, took MACA.No.1605/04 4 Rs. 4206/- per month as his monthly contribution to his family and adopted a multiplier of 15 and awarded Rs. 7,57,080/- for the loss of dependency which appears reasonable. Therefore towards loss of dependency, claimants are not entitled to any enhanced compensation. 9. For the loss of love and affection, Rs. 10,000/- was awarded by the Tribunal. Taking into consideration the age of the deceased and the claimants 1 to 3, the widow and the children, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. 10. No compensation was awarded for the loss of consortium. Therefore, for the loss of consortium, in the circumstances of the case, we feel that a compensation of Rs. 10,000/- would be reasonable. 11. Rs. 2,500/- was awarded by the Tribunal for the loss of estate which appears to be very low. Taking into consideration the fact that deceased was employed, we feel that a compensation of Rs. 5,000/- would be reasonable on this count. 12. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum. The claimants are entitled to interest @ 7.5% per annum from the date of petition till realisation for the MACA.No.1605/04 5 compensation already awarded and also for the enhanced compensation. 13. In the result, the claimants are found entitled to an additional compensation of Rs. 17,500/-. The claimants are entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. They are also entitled to proportionate cost. The third respondent being the owner 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 sv. MACA.No.1605/04 6 MACA.No.1605/04 7