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 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 1024 of 2004() ----------------------- OPMV.1094/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANTS: ------------------------- 1. SATHY, W/O. SHAJI, ALUMKALVELI VEEDU, KURUPPANKULANGARA P.O., CHERTHALA. 2. SHIJIMON, S/O. SHAJI (MINOR) AGED 16 YEARS, DO. DO. 3. SHANIMON, S/O. SHAJI (MINOR) AGED 14 YEARS, OF DO. DO. (MINOR APPELLANTS 2 & 3 ARE REPRESENTED BY THEIR MOTHER & NATURAL GUARDIAN 1ST APPELLANT SATHY). BY ADV. SRI.T.B.SARASAN SRI.M.V.BAIJU RESPONDENT(S): --------------- 1. RAJEEV, S/O. NARASIMHA SHENOY, ETTUKANDATHL FROM VELIMPARAMBIL KURUPPANKULANGARA P.O., CHERTHALA. 2. C.C. BAIJU, PARVATHYSADANAM, CHERTHALA SOUTH P.O., CHERTHALA. 3. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, ALWAYE. 4. JALAJAKSHY, W/O. RAJAN, ETTUKANDATHIL VEEDU, KURUPPANKULANGARA POST, CHERTHALA. 5. RAJAN, S/O. NARAYANAN, OF DO. DO. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1024 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010 JUDGMENT Barkath Ali, J. Appellants are the wife and two minor children of deceased Shaji who died in a motor accident which occurred on May 4, 2001 at 4.30 a.m. near Deepika Junction, Cherthala on the Alappuzha- Ernakulam road. The accident happened while the motor cycle bearing Reg.No.KL- 4 E-3101 which was ridden by the deceased collided head- on with the tempo van bearing Reg.No.KL -4 F-9131 driven by the first respondent. Alleging negligence against the first respondent, claimants filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs.8 lakhs. 2. Respondents 1 and 2, the driver and the owner of the offending temp van remained absent before the Tribunal. The third respondent, the insurer of the offending tempo van filed a written statement admitting the policy and further contended that there was also negligence on the part of the deceased. MACA.No.1024/2004 2 3. Pws 1 and 2 were examined and Exts.A1 to A5 were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent before the Tribunal. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 2,80,000/- with interest @ 6% 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. 4. Heard the counsel for the appellants/claimants and the counsel for 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 first 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. 6. The break up of the compensation awarded is as under : Loss of dependency - Rs. 2,40,000/- Loss of consortium - Rs. 10,000/- Loss of love and affection - Rs. 10,000/- Loss of estate - Rs. 10,000/- MACA.No.1024/2004 3 Funeral expenses - Rs. 3,000/- Transportation - Rs. 2,000/- Pain and suffering - Rs. 5,000/- 7. Counsel for the claimants sought enhancement of compensation for the loss of dependency, loss of consortium and for loss of love and affection. 8. 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 15 and awarded Rs. 2,40,000/- for the loss of dependency. PW1, the wife of the deceased testified before the Tribunal that the deceased was working as a Salesman in a stationery shop at Madakal and was earning a daily wages of Rs.200/- . Ext.A5 is the certificate issued by the proprietor of the said shop who was examined as PW2 before the Tribunal. Taking into consideration the above aspects, we feel that the monthly income of the deceased can be reasonably fixed at Rs.3,000/-. After deducting 1/3 for his personal expenses, the balance amount of Rs. 2,000/- per month can be taken as his monthly MACA.No.1024/2004 4 contribution to his family which comes to Rs.24,000/- per annum. The Tribunal adopted a multiplier of 15. As the deceased was aged 28 at the time of the accident, the proper multiplier that can be adopted in this case is 16 Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,84,000/- ( 24,000 x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,44,000/-. 9. The Tribunal awarded Rs. 10,000/- for loss of consortium which appears to be very low. Taking into consideration the age of the the first claimant widow, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. 10. 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 children, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.15,000/-. 11 There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The MACA.No.1024/2004 5 claimants 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. 12 In the result, the claimant is entitled to an additional compensation of Rs. 1,64,000/-. 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.1024/2004 6 MACA.No.1024/2004 7