IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 MACA.No. 1904 of 2007 (C) ----------------------- ( OPMV.398/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY) .................... APPELLANTS/ETITIONERS ------------------------------------ 1. M.OTHENAN NAIR, FATHER OF THE DECEASED P.V.ANILKUMAR, AGED 58 YRS, S/O. OTHENAN, RESIDING AT PARIYARAM HOUSE, PATTUVAM AMSOM DESOM, P.O.PATTUVAM, PATTUVAM, TALIPARAMBA TALUK. 2. P.V.RUGMINI, MOTHER OF THE DECEASED P.V.ANILKUMAR, AGED 45 YEARS, W/O. OTHENAN NAIR, RESIDING AT PARIYARAM HOUSE, P.O.PATTUVAM AMSOM DESOM, P.O.PATTUVAM, PATTUVAM, TALIPARAMBA TALUK. BY ADVS. SRI.V.N.RAMESAN NAMBISAN SMT.K.G.SARALAKUTTY RESPONDENT/RESPONDENT NO.3 ------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REGIONAL OFFICE, ST.JOSEPH PRESS BUILDING, VAZHUTHAKAD, THIRUVANANTHAPURAM. ADDL.R2 & R3 IMPLEADED ADDL.R2. RAMACHANDRAN.P., S/O.KUNHIRAMA PODUVAL, AGED 43, RESIDING NEAR SUBRAMANIA SWAMI TEWMPLE, PAYYANNUR P.O., PAYYANNUR. ADDL.R3. MANAGING DIRECTOR, KSRTC, VAZHUTHAKAD, THIRUVANANTHAPURAM. ADDL. RESPONDENTS 2 AND 3 IMPLEADED AS PER ORDER DT. 29.8.08 IN IA. 22.10.2008. R1 BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== M.A.C.A. No. 1904 of 2007 =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== Dated this the 26th day of July, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.398 of 2001 on the file of the Motor Accidents Claims Tribunal, Thalassery. They are the parents of one P.V.Anilkumar who died in a motor accident. He was aged 22 at the time of the accident and was earning Rs.7,500/- per month as a Supervisor, according to the claimants. 2. On November 30, 2000 at about 5.45 a.m. a K.S.R.T.C. bus bearing registration No. KL-15/3043, in which deceased Anilkumar was travelling from Payyannur to Bangalore, overturned at Chennapattanam. Anilkumar sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Claimants are his legal heirs and dependents. They filed the O.P. before the Tribunal under section 166 of the Motor MACA 1904/2007 2 CVehicles Act, claimaning a compensation of Rs.10 lakhs alleging negligence against the first respondent, driver of the offending bus. 3. The first respondent, driver of the offending bus, and second respondent, the Managing Director of the K.S.R.T.C. remained absent before the Tribunal. The third respondent, insurer of the offending bus, admitted the policy. PW1 was examined and Exts. A1 to A4 were marked on the side of the claimants. No evidence was adduced by the contesting respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the first respondent and awarded a compensation of Rs. 1,84,500/- with interest at the rate of 6% p.a. from the date of petition till realization and proportionate cost. The claimants have now come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimants and learned counsel for the Insurance Company. MACA 1904/2007 3 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent, driver of the offending bus, is not challenged in this appeal. Therefore, the only question, which arises for consideration in this appeal, is whether the claimants are entitled to any enhanced compensation? 6. The Tribunal awarded a total compensation of Rs.1,84,500/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.1,56,000/- Transportation and funeral : Rs. 8,000/- expenses. Damages to clothing : Rs. 500/- Pain and sufferings : Rs. 5,000/- Loss of love and affection : Rs. 15,000/- ------------------ Rs.1,84,500/- ======== 7. The learned counsel for the claimants sought enhancement of the compensation awarded for loss of MACA 1904/2007 4 dependency and for pain and suffering endured by the deceased. 8. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses Rs.1,000/- per month was taken as contribution to the family and adopted a multiplier of 13 and awarded Rs.1,56,000/- for the loss of dependency. The claimants produced before the Tribunal Ext.P2 certificate issued by the employer of the deceased to show that the deceased was a Supervisor working on daily wages at the rate of Rs.250/- per day. He was aged only 22 at the time of the accident. Therefore, we feel that his monthly income can reasonably be fixed at Rs.3,000/-. After deducting 1/3rd for his personal expenses balance amount of Rs. 2,000/- can be taken as his monthly contribution to his family. The first claimant father was aged 58 and second claimant mother was aged 45 at the time of the accident. Therefore, multiplier adopted by the Tribunal as 13 appears reasonable. Thus, for the loss of dependency, the claimants MACA 1904/2007 5 are entitled to a compensation of Rs.3,12,000/- (Rs.24,000/ - x 13). Thus, on this count, the claimants are entitled to an additional compensation of Rs.1,56,000/-. 9. The Tribunal awarded Rs.5,000/- for pain and suffering, which appears to be very low. In the facts and circumstances of the case, we feel that a compensation of Rs,10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same 10. In the result, the claimants are found entitled to an additional compensation of Rs.1,61,000/-. For the compensation awarded, the Tribunal awarded interest only at 6% p.a., which is very low. The claimants are entitled to interest at the rate of 7.5 % p.a. from the date of petition till realization for the compensation already awarded and for the enhanced compensation. The third respondent being the insurer of the offending bus, shall deposit the amount before the Tribunal within two months from the date of MACA 1904/2007 6 receipt of copy of this judgment with notice to the claimants. The claimants are entitled to proportionate costs. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn