IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 MACA.No. 413 of 2004(B) ---------------------- OPMV.1376/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/PETITIONERS ------------------------------------ 1. KOWMARI, M/O.DECEASED GOPI, VELIYIL HOUSE, NEERKUNNAM MURI, AMBALAPUZHA VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. 2. KANAKAMMA, W/O.DECEASED GOPI, DO. DO. 3. BIJIMOL, D/O.DECEASED GOPI, DO. DO. 4. REJIMOL, D/O.DECEASED GOPI, DO. DO. 5. ASWATHI, D/O.DECEASED GOPI, DO. DO. BY ADV. SMT.ELIZABETH MATHAI IDICULLA SRI.MOHAN IDICULLA ABRAHAM SRI.MARTIN D.ALUMKARA RESPONDENT(S): RESPONDENTS -------------------------- 1. THIRU LEKSHMONA PILLAI, S/O.THIRU MUTHU IRALAPPA PILLAI, KANAKA SABAPTHI PILLAI STREET, TUTICORIN, TAMIL NADU. 2. XAVIER, S/O.ANTONY, DRIVER, BALAMURUKA BUS CO. LTD; TUTICORIN, TAMIL NADU. 3. THE ORIENTAL INSURANCE CO.LTD; REP: BY ITS BRANCH MANAGER, ALAPPUZHA. 4. BASHEER, VRIKSHA VILASAM THOPPU, VANDANAM, ALAPPUZHA. ADV. SRI.P.VIJAYA BHANU FOR R4 SRI.M.GEORGE THOMAS FOR R4 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 413 of 2004 ------------------------------------------------------ Dated: AUGUST 6, 2010 JUDGMENT Barkath Ali, J. The appellant is the claimant in OP(MV) 1376/1997 on the file of the Motor Accidents Claims Tribunal, Alleppey. They are the mother, wife and children of one deceased Gopi who died in a motor accident which occurred on December 26, 1995. The accident happened while the deceased was travelling in a mini lorry bearing Regn.No.KEE-5358 for loading fish purchased by him from Alappuzha to Tuticorin which collided head on with a bus bearing Regn.No.TN- 69/9559 on the Tuticorin - Thirunelveli road. The deceased sustained serious injuries and he died while undergoing treatment in the hospital. The cleaner and the driver of the mini lorry also died in the accident. The appellants who are the legal heirs and dependents of the deceased filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.10 lakhs alleging negligence against the 2nd respondent, driver of the bus. 2. Respondents 1 and 2, owner and driver of the bus, remained absent before the Tribunal. Respondent No. 3/Insurance M.A.C.A.413 of 2004 2 Company filed a written statement admitting the policy and further contended that there was also negligence on the part of the driver of the mini lorry. The 4th respondent, insurer of the mini lorry, admitted the policy. 3. This OP was jointly tried along with other OPs. filed by the legal heirs of the deceased and the injured persons in the accident and a common award was passed. PWs.1 to 5 were examined and Exts.A1 to A35 were marked on the side of the claimants before the Tribunal. On the side of the contesting 3rd respondent, RW1 was examined and Ext.B1 was marked. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the 2nd respondent and awarded a total compensation of Rs.2,77,000/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.1750/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellants/claimants and 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 is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. M.A.C.A.413 of 2004 3 6. The Tribunal awarded a total compensation of Rs.2,77,000/-. The break up of the compensation amount awarded is as under: loss of dependency Rs.2,24,000/- loss of consortium 15,000/- loss of love etc. 15,000/- loss of estate 10,000/- pain and suffering 5,000/- transportation 5,000/- funeral expenses 3,000/- 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency. The Tribunal took the monthly income of the deceased as Rs.2000/- which comes to Rs.24,000/- per annum. After deducting 1/3rd for his personal expenses, the balance amount of Rs.16,000/- per annum was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 14 as the deceased was aged 45 at the time of the accident and awarded a compensation of Rs.2,24,000/- for the loss of dependency. PW.3, the widow, has testified that the deceased was having a monthly income of Rs.3500/- and she has produced Ext.A21 certificate of the Village Officer to that effect. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs.3000/-, which comes to Rs.36,000/- per annum. After deducting 1/3rd for his personal expenses, the balance amount of Rs.24,000/- per annum was taken as his annual contribution to his family. As the deceased was aged 45 M.A.C.A.413 of 2004 4 at the time of the accident, the proper multiplier that has to be adopted in this case is 15. Thus calculated, for the loss of dependency the claimants are entitled to a compensation of Rs.3,60,000/- (24000x15). Thus on this count the claimants are entitled to an additional compensation of Rs.1,36,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 8. Thus the claimants are entitled to an additional compensation of Rs.1,36,000/-. The Tribunal awarded interest only @ 6% per annum which is 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 on the enhanced compensation and proportionate cost. The 3rd 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 mt/-