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 23RD JUNE 2010 / 2ND ASHADHA 1932 MACA.No. 2012 of 2007() ----------------------- OPMV.1361/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS ------------------------------------ 1. IMBICHI KOYA, AGED 59 YEARS, S/O MAMMED KOYA, 2. KUNHEEBI, AGED 48 YEARS, W/O IMBICHI KOYA, 3. AMINA, AGED 30 YEARS, W/O DECEASED MUHAMMED ALI, 4. MUHAMMED ASKAR, (MINOR), AGED 6 YEARS, D/O DECEASED MUHAMMED ALI, 5. ARSINA,(MINOR), AGED 6 YEARS, D/O DECEASED MUHAMMED ALI, (4TH AND 5TH PETITIONERS ARE REPRESENTED BY MOTHER AND GUARDIAN 3RD PETITIONER) (ALL ARE RESIDING AT ELATHUKANDI HOUSE, KOLATHUR P.O., CHEEKILODE, NANMINDA, KOZHIKODE) BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT NO.2 ------------------------------ NATIONAL INSURANCE CO. LTD., P.B.NO.811, NOOR COMPLEX, MAVOOR ROAD, NEAR ARIYIDATHU PALAM, KOZHIKODE-4. ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 2012 of 2007 ------------------------------------------------------ Dated: JUNE 23, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimants in OP(MV) 1361/2003 on the file of the Motor Accidents Claims Tribunal, Kozhikode, who are the parents, widow and two minor children of one deceased Muhammad Ali, challenge the judgment and award of the Tribunal, dated, May 14, 2007 awarding a compensation of Rs.2,73,000/- for the loss caused to the claimants on account of the death of Muhammad Ali in a motor accident. 2. The facts leading to this appeal in brief are these: Deceased Muhammad Ali was aged 29 at the time of the accident and used to earn Rs.3500/- per month as a salesman, according to the claimants. The claimants are his parents, wife and two minor children. On April 19, 2003 while the deceased was walking along the Bank road, Kozhikode, he was knocked down by a motorcycle bearing registration No.KL 11 D/7241. He sustained fatal injuries and he succumbed to the injuries sustained while undergoing treatment in the Medical College Hospital, Kozhikode on April 23, 2003. According to the claimants the accident occurred due to the negligence on the part of M.A.C.A. 2012 of 2007 2 the 1st respondent, rider of the motorcycle. Respondent No.1 as the owner-cum-rider and respondent No.2 as the Insurance Company are jointly and severally liable to pay compensation to the claimants who are the dependents and legal heirs of the deceased. The claimants claimed a compensation of Rs.6 lakhs. 3. Respondent No.1, the owner-cum-rider of the offending motorcycle, remained absent. Respondent No.2 , the insurer of the offending motorcycle, filed a written statement admitting the policy and further contended that there was no negligence on the part of the 1st respondent. 4. Exts.A1 to A3 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 2nd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 1st respondent and awarded a compensation of Rs. 2,73,000/- with interest at 6% per annum from the date of petition till realisation and proportionate costs. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that M.A.C.A. 2012 of 2007 3 the accident occurred due to the negligence on the part of the 1st 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.2,73,000/-. The break up of the compensation awarded is as under:- dependency - Rs.2,52,000/- pain and suffering - 5,000/- medical expenses - 3,000/- consortium - 10,000/- funeral expenses - 2,000/- transportation - 1,000/- 8. The Counsel for the appellants/claimants sought enhancement of the compensation for the loss of dependency and for the loss of love and affection. The Tribunal took the monthly income of the deceased as Rs.1750/-, deducted 1/3rd for his personal expenses, adopted a multiplier of 18 and awarded Rs.2,52,000/- for the loss of dependency. As the deceased was a salesman earning Rs.3000/- per month, according to the claimants, we feel that his monthly income can be reasonably fixed at Rs.3000/-. After deducting 1/3rd for his personal expenses, the balance Rs.2000/- can be taken as M.A.C.A. 2012 of 2007 4 his contribution to his family. The multiplier adopted by the Tribunal is not seriously challenged in appeal. Thus calculated, for the loss of dependency, the claimants are entitled to a compensation of Rs.4,32,000/- (2000 x 12 x 18). Thus on this count the claimants are entitled to an additional compensation of Rs.1,80,000/-. 9. The Tribunal did not award any compensation for loss of love and affection. Taking into consideration the tender age of the children, we feel that a compensation of Rs.20,000/- would be reasonable for the loss of love and affection. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. There is another aspect in this case. The Tribunal awarded interest at the rate of 6% per annum which appears to be very low. The claimants are entitled to interest at the rate of 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced compensation and proportionate costs. 11. Thus the claimant is entitled to an additional compensation of Rs.2,00,000/-. Claimants 1 and 2, the parents were aged 55 and 44 at the time of the accident. The 3rd claimant, the mother, has to look after the children. Therefore their share of the compensation awarded shall be released to them completely. The 2nd respondent M.A.C.A. 2012 of 2007 5 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 mt/-