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 MARCH 2011 / 18TH PHALGUNA 1932 MACA.No. 1883 of 2006(B) ------------------------------------- [O.P(MV).NO.558/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD] .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. KHADEEJABI, W/O.LATE ABDUL KHADER, MOGRAL PUTHUR VILLAGE, MOGRAL PUTHUR POST, KASARAGOD. 2. RAHMATHUNNISSA, D/O. LATE ABDUL KHADER, -DO- - DO-. 3. SAIDUNNISA, W/O. ABDUL RAZAK, D/O. LATE ABDUL KHADER, R/AT PERAL, MOGRAL POST AND VILLAGE, KASARAGOD. BY ADV. SRI.GRASHIOUS KURIAKOSE. RESPONDENT/RESPONDENT NO.3: --------------------------------------------------- THE GENERAL MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., 46, WHITE ROAD, CHENAI-600 014. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1883 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 9th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.558 of 2004 on the file of the Motor Accidents Claims Tribunal, Kasaragod. They are the wife and children of deceased Muhammed Basheer who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated May 23, 2006 awarding a compensation of Rs.1,96,500/- for the loss caused to them on account of the death of Muhammed Basheer in that accident. 2. The accident occurred on February 28, 2004 at about 2 p.m. at Mogralputhur. While deceased Mohammad Basheer was riding a scooter bearing registration No.KA.19Q.8743, he was knocked down by a lorry bearing registration No. KL.07 AF.3612, driven by the first respondent in the O.P. He sustained serious injuries and he succumbed to the injuries while undergoing treatment in MACA 1883/2006 2 the hospital. Alleging negligence against the first respondent in the O.P., the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.5 lakhs. 3. Exts. A1 to A4 were marked on the side of the claimants. No evidence was adduced by the respondents before the Tribunal. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of first respondent in the O.P. and awarded a compensation of Rs.1,96,500/- with interest @ 9% per annum from the date of petition till December 31, 2004 and thereafter @ 6% per annum till realization. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent in the O.P., driver of the offending lorry, and that the deceased died as a result of the injuries MACA 1883/2006 3 sustained in the accident are 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.1,96,500/-. Break up of the compensation awarded is as under:- Funeral expenses : Rs. 2,000 Loss of estate : Rs. 2,500 Loss of dependency : Rs.1,92,000 ------------------ Total : Rs.196,500 ======== 7. The learned counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 8. The Tribunal took the monthly income of the deceased as Rs.1,500/-. After deducting 1/3rd for his personal expenses, balance amount of Rs.1,000/- was taken as his monthly contribution to his family. The Tribunal adopted multiplier of 16 and awarded a compensation of Rs.1,92,000/- towards the loss of dependency. The MACA 1883/2006 4 deceased was aged 20 and was working as a Salesman earning Rs.4,500/- per month, according to the claimants. Taking into consideration the above aspect, we feel that monthly income of the deceased can reasonably be fixed at Rs.3,000/-. After deducting 1/3 for his personal expenses, balance amount of Rs.2,000/- can be taken as his monthly contribution to his family. Multiplier of 16 adopted by the Tribunal is not seriously challenged. Thus calculated the claimants are entitled to a compensation of Rs.3,84,000/- for the loss of dependency. Thus, the claimants are entitled an additional compensation of Rs.1,92,000/- on this count. 9. There is another aspect in this case. The Tribunal awarded interest only @ 9% per annum from the date of petition till December 31, 2004 and thereafter @ 6% per annum till realization. The claimants are entitled to interest @ 7.5% per annum from the date of petition till realization. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. Regarding the apportionment of the MACA 1883/2006 5 compensation amount and disbursement of the same, the direction of the Tribunal will stand. 10. In the result, the claimants are found entitled to an additional compensation of Rs.1,92,000/-. They are 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. They are also entitled to proportionate costs. The third respondent in the O.P. being the insurer of the offending jeep is directed to deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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.