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 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 MACA.No. 1892 of 2007() ----------------------- OPMV.492/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA WAYANAD .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. JOSEPH @ IYPE, S/O.LATE VARKEY, MALIKATHADATHIL HOUSE, KAYYUNNI, PANTHALLUR, NILAGIRI DISTRICT, TAMILNADU STATE. 2. LISSY, W/O.JOSEPH @ IYPE, DO. DO. 3. JAYAN, S/O.JOSEPH @ IYPE, DO. DO. 4. JILSON, S/O.JOSEPH @ IYPE, DO. DO. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): RESPONDENT NO.3 & 5 ---------------------------------- 1. NATIONAL INSURANCE COMPANY, KALPETTA. 2. UNITED INDIA INSURANCE COMPANY, KALPETTA. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R1 SRI.P.JACOB MATHEW FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1892 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of December, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.492/2001 on the file of the Motor Accidents Claims Tribunal, Wayanad. They are the parents and brothers of deceased Jaison who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated March 21, 2007 awarding a compensation of Rs.2,07,800/- for the loss caused to them on account of the death of deceased in that accident. 2. On September 6, 2001 at about 3 p.m., while the deceased was pillion riding on the motor cycle bearing Reg.No.KL-12/A-7735 from Kalpetta to Sulthan Bathery and when he reached at Kolagappara, the bus bearing Reg.No.KL-12/A-729 came at a high speed from the opposite side and dashed against the motor cycle. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence MACA.No.1892/2007 2 against the driver of the bus, the first respondent in the O.P., the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.6,00,000/-. 3. Respondents 1 to 3 in the O.P. are the driver, owner and insurer of the offending bus. Respondents 4 and 5 are the rider and the insurer of the offending motor cycle. Respondents 1, 2 and 4 remained absent before the Tribunal. Respondents 4 and 5 in the O.P. filed written statements before the Tribunal admitting the policy of the respective vehicles. 4. PW1 was examined and Exts.A1 to A5 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that there was negligence on the part of the driver of the bus as well as the rider of the motor cycle and awarded a total compensation of Rs.2,07,800/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.1,000/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.1892/2007 3 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Companies. 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 as well as the rider of the motor cycle is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.2,07,800/- The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 1,000/- Pain and suffering - Rs. 7,000/- Love and affection - Rs.15,000/- Dependency - Rs.1,84,800/- 8. The counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.2,100/- which works out to Rs. 25,200/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 16,800/- was MACA.No.1892/2007 4 taken as his annual contribution to his family. The Tribunal adopted a multiplier of 11 and awarded Rs. 1,84,800/- for the loss of dependency. The deceased was a driver-cum-agriculturist aged 24 at the time of the accident. According to the claimants, he used to earn Rs. 4,000/- per month. 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 parents of the deceased were aged 56 and 45 at the time of the accident. Therefore, we feel that a multiplier of 12 would be reasonable in this case. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 2,88,000/- ( 24,000 x 12). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,03,200/-.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 only @ 6% per annum which appears to be very low. The MACA.No.1892/2007 5 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. 11. In the result, the appellants/claimant are found entitled to an additional compensation of Rs. 1,03,200/- They 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. They are also entitled to proportionate cost. The respondents in the appeal/respondent Nos. 3 and 5 in the O.P., being the insurers of the offending vehicles 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.1892/2007 6 MACA.No.1892/2007 7