IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 MACA.No. 431 of 2006() ---------------------- OPMV.355/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/3RD RESPONDENT: ---------------------------------- THE ORIENTAL INSURANCE COMPANY LTD., KOZHIKODE NOW REPRESENTED BY ITS ASSISTANT MANAGER REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): PETITIONERS: ----------------------------------- 1. KALLIYANI, W/O. LATE BHASKARAN, PALAKKAL THEKKETHIL HOUSE, KARIMBA P.O., MANNARKKAD TALUK. 2. PUSHPA, D/O. LATE BHASKARAN, -DO- -DO-. 3. VIJAYAN, S/O. LATE BHASKARAN -DO- -DO-. 4. RAMANI, D/O. LATE BHASKARAN, -DO- -DO-. (NO RELIEFS ARE CLAIMED AGAINST RESPONDENTS 1 & 2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). ADV. SRI.C.M.KAMMAPPU FOR R1 TO R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.431 of 2006 ------------------------------------ Dated this the 3rd day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. Third respondent insurance company before the Tribunal is in appeal against the award, challenging the amount of compensation granted as highly excessive and exorbitant. The claimants before the Tribunal are the wife and children of a person died in a motor vehicle accident. The deceased was a mason at the age of 62 years at the time of death. But in the Post Mortem Certificate the age of the deceased was assessed as 69 years. The Tribunal found that the correct multiplier to be adopted is 5. But for the purpose of computation of dependency the Tribunal adopted the multiplier of 8 and monthly income of Rs.2000/-. The Tribunal awarded a sum of Rs.1,92,000/- under the head of loss of dependency and a total compensation of Rs.2,80,000/-. 2. Heard the learned senior counsel Adv. Sri. Mathews Jacob appearing for the appellant/insurance company and learned counsel for the respondents/claimants. The appellant contended that having been found that the correct multiplier to be adopted is 5 there is no justification or reasoning for the MACA. 431/06-C 2 Tribunal to adopt a higher multiplier. The consideration of the age of the dependents for fixing a higher multiplier is an erroneous and improper method, is the contention. It is further contended that the amount of Rs.40,000/- each granted under the heads of loss of consortium and loss of love and affection is highly excessive and is on the higher side. On the other hand, the learned counsel for the respondents/claimants contended that the Tribunal went highly erred in limiting the grant of interest for the period from 30 days of the date of receipt of copy of the award by the insurance company. It is also contended that the rate of 6% interest granted by the Tribunal is on the lower side. 3. On an active evaluation of the evidence on record and considering the facts and circumstances of the case we find merit in the contention of the appellant with respect to the correctness of the multiplier adopted. It is settled law that proper multiplier is to be adopted based on the age of the deceased or on the age of the dependents, whichever is higher. In this case all the dependents are lesser in age than the deceased. Therefore the correct multiplier ought to have been adopted, on the basis of the age of the deceased, is 5. When calculating loss of dependency based on the multiplier as 5, the amount which can be awarded under the head of loss of estate MACA. 431/06-C 3 and dependency need be re-fixed as Rs.1,20,000/-, which will in effect reduce the claim under that head by Rs.72,000/-. The amount of Rs.80,000/- awarded for loss of consortium and loss of love and affection is certainly on the higher side. We reduce the total amount to Rs.30,000/- which will in effect reduce the claim by another sum of Rs.50,000/-. Thus the total amount awarded need be reduced by an amount of Rs.1,22,000/-. Hence the total award is re-fixed as Rs.1,58,000/- (2,80,000 - 1,22,000). At the same time we are inclined to grant interest at 7.5% for the above said amount from the date of the claim petition till realisation. 4. In the result the appeal is partly allowed modifying award reducing the amount of compensation from Rs.2,80,000/- to Rs.1,58,000/-. The said amount shall be paid along with interest @ 7.5% per annum from the date of the claim petition till payment, along with cost of Rs.3500/-. The appellant/insurance company is directed to make payment of the balance amount due within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb