IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 MACA.No. 450 of 2005() ---------------------- OPMV.318/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. RAHIMA, AGED 44, W/O. LATE MAKKAR, PAZHAYARIYIL (H), VANNAPPURAM KARA, KALIYAR P.O. 2. MOHAMMED ZIA, AGED 22 YEARS, S/O. MAKKAR, -DO- -DO-. 3. MOHAMMED SHAH, AGED 20 YEARS, S/O. MAKKAR, -DO- -DO-. 4. NIZIA JASMINE, AGED 18 YEARS, D/O. MAKKAR, -DO- -DO-. 5. FATHIMA, AGED 67 YEARS, W/O. MEERANKUTY, -DO- -DO-. BY ADV. SRI.C.K.VIDYASAGAR SRI.T.I.ABDUL SALAM RESPONDENTS/ RESPONDENTS: --------------------------- 1. K.U.MADHU, KULLRANKAL (H), MANAKKADU P.O., THODUPUZHA. 2. ZAKEER HUSSAIN, THOTTUNKAL (H), VANNAPPURAM, KALIYAR P.O. 3. ORIENTAL INSURANCE CO. LTD.,THODUPUZHA. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.T.V.GEORGE FOR R1 SRI.JIMMY GEORGE (THADATHIL) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.450 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)318/2002 on the file of the Motor Accidents Claims Tribunal, Thodupuzha. They are the wife, children and mother of deceased Makkar who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated August 24, 2004 awarding a compensation of Rs.3,02,130/- for the loss caused to them on account of the death of deceased in that accident. 2. On January 8, 2002 at about 8.45 a.m., while the deceased was pillion riding on the motor bike bearing Reg.No.KL 6 4693 ridden by the second respondent and when he reached at Muthalakodam, the vehicle knocked down a stray dog and capsized. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the second respondent, the claimants filed the OP under MACA.No.450/05 2 Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. 3. Respondents 1 and 2, the owner and the rider of the offending motor bike remained absent before the Tribunal. The third respondent, the insurer of the offending motor bike filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A9 series were marked on the side of the claimants before the Tribunal. Exts.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the rider of the motor bike and awarded a compensation of Rs.3,02,130/- with interest at the rate of 6% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.450/05 3 that the accident occurred due to the negligence on the part of the second respondent 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.3,02,130/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs. 2,08,000/- Loss of consortium - Rs. 15,000/- Loss of love and affection - Rs. 15,000/- Medical bills - Rs. 45,129/- Funeral expenses - Rs. 2,000/- Pain and suffering - Rs. 15,000/- Transportation - Rs. 2,000/- 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.2,000/- which comes to Rs. 24,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 16,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 13 and awarded Rs. 2,08,000/- for the loss of dependency. MACA.No.450/05 4 According to PW1, the widow of the deceased, the deceased was the Director of Almina School, Kaliyar and has landed properties having an extent of 2 acres and used to earn Rs. 5,000/- 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 Tribunal adopted a multiplier of 13 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,12,000/- ( 24,000 x 13). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,04,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore 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 claimants are entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also MACA.No.450/05 5 for the enhanced compensation. 11. In the result, the claimants are found entitled to an additional compensation of Rs. 1,04,000/-. 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 third 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.450/05 6 MACA.No.450/05 7