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 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 846 OF 2007() ----------------------------------- AGAINST THE ORDER DATED 04/11/2005 IN OPMV.1253/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANTS/SUPPL.PETITIONERS 2 TO 7: ------------------------------------------------------------------------------------ 1. A. BALAN, S/O. KORAN, AGED 80 YEARS (DIED). 2. V. SREENIVASAN, S/O. A.BALAN, AGED 52 YEARS, KANAKA NIVAS, PINARAYI, KANNUR. 3. V. LATHIKA KUMARI, D/O. A.BALAN, AGED 51 YEARS, RAGA PRABINA, VALLEZHUKKU, DHARMADAM. 4. V. SURENDRAN, S/O.A. BALAN, AGED 49 YEARS, KANAKA NIVAS, PINARAYI, KANNUR. 5. V. SHYLAJA, D/O. A BALAN, AGED 47 YEARS, SREE SHYLAM, PALLIYANMOOLA,CHALAD. 6. V.DEVADAS, S/O. A. BALAN, AGED 45 YEARS, KANAKA NIVAS, PINARAYI, KANNUR. 7. V. KANAKALATHA, D/O. A.BALAN, AGED 42 YEARS, CHEENAMKANDY HOUSE, ARAT ROAD, KANNUR-1. BY ADV. SRI.M.V.A. MARESAN RESPONDENT(S): RESPONDENTS: ----------------------------------------------- 1. M.V. ABDUL GAFOOR, S/O. ABDULLA, M.V. HOUSE, PAPPINISSERY P.O., KANNUR DISTRICT. 2. M. RAMACHANDRAN, S/O. KUNHIRAMAN, AGED 51 YEARS, VADASSERI, KANKOL, AINJARI, KANNUR DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LTD., PAYYANNUR. ADV. SRI.SUNIL NAIR PALAKKAT FOR R1 & 2 SRI.K.N.ABHILASH FOR R1 & 2 SMT.R.LEELA FOR R1 & 2 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------- M.A.C.A No. 846 OF 2007 ----------------------------------- DATED THIS THE 4TH DAY OF AUGUST, 2010 J U D G M E N T Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants 2 to 7 in OP(MV) No. 1253/1999 on the file of Motor Accidents Claims Tribunal, Thalassery challenge the judgment and award of the Tribunal dated November 11, 2005 awarding a compensation of Rs. 1,01,500/- for the loss caused to them on account of the death of their brother, one Mr. Suguthan in a motor accident. 2. The facts leading to this appeal in brief are these: One Mr. Sugathan, aged 39 who was conducting a technical institution by name Indian Technical School at Mambram died in a motor accident that occurred on May 2, 1999 at about 5 p.m. at Parathara. The accident happened when a jeep bearing registration No. KEL 3713 in which he was travelling collided head on with a bus bearing registration No. KLM 997. Alleging negligence against 2nd respondent, the driver of the bus. The deceased first M.A.C.A No. 846 OF 2007 2 claimant, the father of the deceased Sugathan filed O.P under Section 166 of Motor Vehicles Act before the Tribunal claiming a compensation of Rs. 5 lakhs against respondents 1 to 3, the owner, driver and insurer of the offending bus. 3. Only the 3rd respondent, the insurer of the offending bus contested the matter before the Tribunal. The 3rd respondent, the Insurance company admitted the policy of the offending bus but attributed negligence on the driver of the jeep involved in the accident. This O.P was jointly tried along with another O.P filed by the deceased, the first claimant, claiming a compensation for the damages caused to the jeep and a common award was passed. PWs 1 to 3 were examined and Exts. A1 to A19 were marked on the side of the appellants/claimants. No evidence was adduced by the contesting 3rd respondent. During the pendency of O.P, the first claimant died and his legal hears were impleaded as supplementary claimants 2 to 7 in the O.P. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 1,01,500/- with interest at the rate of 6% per annum from the date of petition till 31.12.2001 and thereafter 9% per annum till realization and and proportionate M.A.C.A No. 846 OF 2007 3 cost. Claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellants/claimants and the counsel for the Insurance company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent, the driver of the offending bus is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the appellants/claimants are entitled to any enhanced compensation ? 6. The Tribunal awarded a total compensation of Rs. 1,01,500/-. The break up of the compensation awarded is as under: Loss of dependency Rs. 80,000 (16000 x 5) Loss of earnings Rs. 2,500 Love and affection Rs. 5,000 Pain and sufferings Rs. 10,000 Transportation expenses Rs. 2,000 Funeral expenses Rs. 2,000 ----------------- Total Rs.1,01,500 ========== 7. The counsel for the appellants/claimants sought enhancement of the compensation for the disability caused, loss of M.A.C.A No. 846 OF 2007 4 love and affection and for pain and sufferings endured by the deceased. The Tribunal took the monthly income of the deceased as Rs. 2,000/- and after deducting 1/3 of his personal expenses, Rs.16,000/- per annum was taken as his annual contributions to his family and adopted a multiplier of 5 and awarded a compensation of Rs. 80,000/- for loss of dependency. The deceased Sugathan was conducting an institution by name Indian Technical School, Mambram which was conducting the courses of Air Conditioning, Refrigeration, T.V. Mechanic, Driving School etc. Further he is a BSc. degree graduate and passed Computer programming from L.B.S institution, Thrivananthapuram and undergone apprenticeship training at Vikram Sarabai Space Centre at Thiruvananthapuram and had completed a course in National Trade Certificate in connection with Mechanic General Electronics from National Council for Vocational Training as evidenced from Ext.A5 series of certificates. He was aged 39 at the time of accident. Taking into consideration of all these aspects, we feel that his monthly income can be reasonably fixed at Rs. 3,000/- per month which comes to Rs. 36,000/- per annum. After deducting 1/3 of his personal expenses, Rs. 24,000/- M.A.C.A No. 846 OF 2007 5 per annum can be taken as his annual contributions to his family. The Tribunal adopted a multiplier of 5. Deceased first claimant was aged 78 at the time of accident. Taking into consideration of the age of the deceased the first claimant, we feel that the multiplier adopted by the Tribunal appears reasonable. Thus calculated, for the disability caused, claimants are entitled to a compensation of Rs. 1,20,000/- (24,000 x 5). Thus, the claimants are entitled to an additional compensation of Rs. 40,000/- on this count. 8. For loss of love and affection, the Tribunal awarded only Rs. 5,000/-. Taking into consideration of the age of claimants, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. Therefore, the claimants are entitled to an additional compensation of Rs. 10,000/-on this count. 9. For pain and suffering endured by the deceased a compensation of Rs. 10,000/- was awarded by the Tribunal. In the circumstances of the case, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. Thus, the claimants are entitled to an additional compensation of Rs. 5,000/- on this count. M.A.C.A No. 846 OF 2007 6 10. As regards, the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 11. In the result, the claimants are entitled to an additional compensation of Rs. 55,000/-. The Tribunal awarded interest at the rate of 6% per annum which appears to be very low. Therefore they are entitled to interest at the rate of 7.5% per annum for the compensation already awarded and for the enhanced compensation from the date of petition till realization and proportionate cost. The 3rd respondent, being the insurer of the offending bus 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. Sd/- A.K. BASHEER (JUDGE) Sd/- P.Q.BARKATH ALI (JUDGE) pkk