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 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 MACA.No. 1038 of 2004() ----------------------- OPMV.542/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. K.SUGUNAN, S/O. SANKARAN, PERUMASSERIL HOUSE, V.M.C. WARD NO.IV, VAIKOM P.O., KOTTAYAM. 2. SAROJINI, W/O. K.SUGUNAN, PERUMASSERIL HOUSE, V.M.C. WARD NO.IV, VAIKOM P.O., KOTTAYAM. BY ADV. SRI.P.RAVINDRA BABU RESPONDENT(S): RESPONDENTS: --------------------------- 1. DALEEP VADHERA, S/O. T.S.VADHERA, C/O. RAKESH KAPOOR, R/O. B-58, FATEH NAGAR, NEW DELHI. 2. THE ORIENTAL INSURANCE CO. LTD., A-25/27, ASAF ALI ROAD, NEW DELHI. 3. JAYDEV SINGH, S/O. ISWAR SINGH, R/O. LIBASPUR, DELHI. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1038 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)542/1997 on the file of the Motor Accidents Claims Tribunal, Kottayam. They are the parents of deceased Jayasankar who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated December 18, 2002 awarding a compensation of Rs.2,92,992/- for the loss caused to them on account of the death of deceased in that accident. 2. The accident occurred on June 20, 1996 at about 12.45 a.m.at Chowki, New Delhi. While the deceased was travelling in an autorickshaw, it dashed against a bus bearing Reg.No.DL-IP 2907 driven by the third respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the bus, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. MACA.No.1038/2004 2 3. First respondent, the owner of the offending bus remained absent before the Tribunal. The second respondent, the insurer of the offending bus filed a written statement admitting the policy. Respondent No.3, the driver of the offending bus was deleted from the party array. 4. PW1 was examined and Exts.A1 to A6 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting second respondent. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.2,92,992/- with interest at the rate of 9% per annum from the date of petition till realisation and proportionate cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the 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 offending bus is not challenged in this appeal. Therefore the only question which arises for consideration is whether the MACA.No.1038/2004 3 claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.2,92,992/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.2,72,992/- Loss of love and affection - Rs. 10,000/- Pain and suffering - Rs. 5,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 3,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.3,150/- as revealed from Ext.A6 his salary certificate and adopted a multiplier of 7. For the first y years, after deducting 1/3 for his personal expenses, the balance amount was taken as his monthly contribution to his family and the remaining four year 2/3 of his income was deducted for his personal expenses and only 1/3 was taken as his contribution to family and awarded a total compensation of Rs.2,72,992/- for loss of dependency. 10. The deceased was a police constable aged 20 at the time of MACA.No.1038/2004 4 the accident. He was drawing a salary of Rs.3115/- as revealed from Ext.A6 his salary certificate. Taking into consideration his future promotion prospects, we feel that his monthly income can be reasonably fixed at Rs.5,000/- which works out to Rs. 60,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 40,000/- can be taken as his annual contribution to his family. The multiplier of 11 taken by the Tribunal appears reasonable taking into account the fact that the claimants who are the parents are aged 58 and 45 respectively at the time of the accident. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 4,40,000/- ( 40,000 x 11). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,67,008/-. 11. For loss of love and affection, Rs. 10,000/- was awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the age of the parents, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.10,000/-. As regards the compensation awarded under other heads, we find the same MACA.No.1038/2004 5 to be reasonable and therefore are not disturbing the same. 12. It is seen that the appeal was filed with a delay of 328 days. The claimants are not entitled to interest during that period. 13. In the result, the claimants are found entitled to an additional compensation of Rs. 1,77,008/-. They are entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimants will not be entitled to interest for the period of delay of 328 days. The second 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.1038/2004 6 MACA.No.1038/2004 7