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 2ND FEBRUARY 2011 / 13TH MAGHA 1932 MACA.No. 1105 of 2007() ----------------------- OPMV.1588/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS ------------------------------------- 1. SHABNAM SHAIJU , W/O. LATE SHAIJU P.K., AGED 30 YEARS. 2. NAYANA P.K., (MINOR), AGED 7 YEARS, REPRESENTED BY HER MOTHER AND LEGAL GUARDIAN, SHABNAM SHAIJU. 3. REMA V.K., W/O. RAMMUNNI V.K., AGED 59 YEARS, 4. RAMMUNNI T.K., F/O. DECEASED, (ALL ARE RESIDING AT 29/2384, KUNNUMMAL THARA HOUSE, THONDAYAD, CHEVARAMBALAM P.O., KOZHIKODE.) BY ADV. SRI.JIJI THOMAS SMT.SMITHA JIJI PAMBACKAL RESPONDENTS: RESPONDENTS --------------------------- 1. P.SANTHOSH KUMAR, RESIDING AT PUYHUKUDY HOUSE, KOTTAMPARAMBU, CHELAVOOR P.O., KOZHIKODE. 2. BABU RAJAN, S/O. UNNICHOYI, AGED 43 YRS, AMBALAKANDIYIL HOUSE, KUNNAMANGALAM P.O., KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE-2, SEEMA TOWER, MAVOOR ROAD, KOZHIKODE. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1105 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.1588/2002 on the file of the Motor Accidents Claims Tribunal, Kozhikode. They are the wife, minor child and parents of deceased Shaju who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated September 2, 2006 awarding a compensation of Rs.2,91,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On February 13, 2002 at about 6 p.m., while the deceased was riding his motor cycle along Ram Mohan Road, he was knocked down by the bus bearing bearing Reg.No.KL-10-B-4437 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on the next day. Alleging negligence against the driver of the bus, the claimants filed the OP under Sec.166 of the Motor Vehicles MACA.No.1105/07 2 Act claiming a compensation of Rs.10,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy of the bus, but denied the liability. 4. Exts.A1 to A4 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the driver of the bus and awarded a total compensation of Rs.2,91,000/- with interest at the rate of 6% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the driver of the bus is not challenged in this appeal. Therefore the only MACA.No.1105/07 3 question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.2,91,000/-. The break up of the compensation amount awarded is as under: Dependency - Rs. 2,72,000/- Pain and suffering - Rs. 5,000/- Medical treatment - Rs. 1,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 1,000/- Consortium - Rs. 10,000/- 8. The Counsel for the claimants sought enhancement of compensation for loss of dependency, for pain and suffering endured and for loss of consortium. He pointed out that no compensation was awarded by the Tribunal for loss of love and affection and for loss of estate . 9. The Tribunal took the monthly income of the deceased as Rs.2,000/- which works out to Rs. 24,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 16,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 17 and awarded Rs. 2,72,000/- for the loss of dependency. MACA.No.1105/07 4 According to the claimants, the deceased was working in a Film Company earning Rs.6,500/- per month. Ext.A4 is the certificate to that effect. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,000/- which comes to Rs. 36,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 24,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 17 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 4,08,000/- ( 24,000 x 17). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,36,000/-. 10. The Tribunal awarded Rs. 10,000/- for loss of consortium which appears to be very low. Taking into consideration the age of the deceased as well as the first claimant, widow, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. 11. No compensation was seen awarded for loss of love and affection. Taking into consideration the age of the claimants, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. MACA.No.1105/07 5 12. For the pain and suffering endured, Rs. 5,000/- was awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the fact that deceased died only on the next day of the accident, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 13. No compensation was seen awarded by the Tribunal for loss of estate. In the circumstances of the case, we feel that a compensation of Rs.5,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 14. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. 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. 15. In the result, the claimants are found entitled to an additional compensation of Rs. 1,76,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation for the MACA.No.1105/07 6 compensation already awarded and also for the enhanced compensation. They are also entitled to proportionate cost. The third respondent 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 sv. MACA.No.1105/07 7