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 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 MACA.No. 1602 of 2004() ----------------------- (OPMV.1621/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR) .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. DILEEPKUMAR, ALUVILAVEEDU, POREDAM, CHADAYAMANGALAM, KOLLAM DISTRICT. 2. NIRMALAN, POIKAVILAVEEDU, EDAKKODU, CHADAYAMANGALAM, KOLLAM DISTRICT. 3. SUDHAMONY, W/O. NIRMALAN, POIKAVILAVEEDU, EDAKKODU, CHADAYAMANGALAM, KOLLAM DISTRICT. BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. S.SURESH, S/O. SUKUMARAPILLAI, SANTHABHAVAN, CHERUKUNNAM, VARKALA, THIRUVANANTHAPURAM DISTRICT. 2. BOBBY, S/O. SETHU, BOBYVILASOM VEEDU, MANALAYAM, POREDAM, CHADAYAMANGALAM, KOLLAM DISTRICT. 3. THE DIVISIONAL MANAGER, M/S. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, KOLLAM. R3 BY ADV. SRI.PMM.NAJEEB KHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD, ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1602 OF 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1621 of 1999 on the file of the Motor Accidents Claims Tribunal, Punalur. They are husband, father and mother of deceased Reena who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated January 2, 2004 awarding a compensation of Rs.1,65,000/- for the loss caused to them on account of death of Reena in the accident. 2. The accident happened on November 14, 1999 at about 10.30 a.m. at Kalladathanny near Poredam on Chadayamangalam – Pallikkal public road. The deceased was travelling in a bus bearing registration No. KRN/3681, driven by the 2nd respondent. Due to the rashness and negligence of the 2nd respondent driver of the bus, it toppled and fell into a canal nearby. Two persons including MACA 1602/2004 2 Reena died in the accident and several others injured. Claimants filed the Original Petition before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.5 lakhs. 3. The 1st respondent owner of the offending bus filed a written statement admitting the accident. The 2nd respondent driver of the offending bus remained absent before the Tribunal. The 3rd respondent insurer of the offending bus filed a written statement, admitting the policy. 4. This Original Petition along with other Original Petitions filed by injured persons as well as legal heirs of deceased persons were jointly tried and a common award was passed. 5. PWs.1 to 6 were examined and Exts. A1 to A38 were marked on the side of the claimants. Ext.B1 was marked on the side of the respondents. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.1,65,000/- with interest at the rate of 6% per annum MACA 1602/2004 3 from the date of petition till realization and cost of Rs.1,000/-. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 7. 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, driver of the offending bus, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation ? 8. The Tribunal awarded a total compensation of Rs.1,65,000/-. Break up of the compensation awarded is as under:- Transportation : Rs. 1,000/- Funeral expenses : Rs. 2,000/- Pain and suffering : Rs. 10,000/- Loss of consortium : Rs. 10,000/- Loss of happiness : Rs. 10,000/- Loss of dependency : Rs.1,32,000/- ------------------ MACA 1602/2004 4 Total : Rs.1,65,000/- ======== 9. The learned counsel for the appellants mainly sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 10. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses, balance amount of Rs.1,000/- was taken as his monthly contribution to his family. The Tribunal adopted multiplier of 11 and awarded a compensation of Rs.1,32,000/- towards the loss of dependency. According to the claimants, the deceased was a tailor earning Rs.2,500/- per month and was aged 21 at the time of the accident. Taking into consideration the above aspects, we feel that monthly income of the deceased can reasonably be fixed at Rs.2,250/-, which comes to Rs.27,000/- per annum. After deducting 1/3 for his personal expenses, balance amount of Rs.18,000/- can be taken as his annual contribution to his family. The Tribunal took multiplier of 11, as the father of MACA 1602/2004 5 deceased 2nd claimant was aged 51 at the time of the accident. Husband of the deceased was aged only 31 at the time of the accident. Therefore, we feel that multiplier of 15 would be reasonable in this case. Thus, for the loss of dependency, the claimants are entitled to a compensation of Rs. 2,70,000/- (Rs.18,000/- x 15). Thus, the claimants are entitled an additional compensation of Rs.1,38,000/- 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. 11. In the result, the claimants are found entitled to additional compensation of Rs.1,38,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. They are entitled to interest @ 7.5% per annum from the date of petition till realization and proportionate costs. The 3rd respondent/Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. The award of the Tribunal is modified to the above extent. MACA 1602/2004 6 The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.