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 4TH OCTOBER 2010 / 12TH ASWINA 1932 MACA.No. 432 of 2007() ---------------------- OPMV.1197/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): APPELLANTS/ADDL. PETITIONERS 1 & 2 ------------------------------------------------ 1. SREEJAMOL, W/O. LATE RENJITHKUMAR, PANACKAL HOUSE, CHENGANNOOR P.O., MALLAPPALLY. 2. SREERENJITH, MINOR, AGED 4 YEARS, S/O. LATE RENJITH KUMAR, PANACKAL HOUSE, CHENGANNOOR P.O., MALLAPPALLY, REPRESENTED BY HIS MOTHER SREEJAMOL. BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): RESPONDENTS --------------------------- 1. JIBY MATHEW, S/O. MATHEW CHERIYAN, MURINGASSERIL MULAYAKUNNATHU HOUSE, ERAVIPEROOR, THIRUVALLA. 2. ALEYAMMA MATHEW, MURINGASSERIL MULAYAKUNNATHU HOUSE, ERAVIPEROOR, THIRUVALLA. 3. NATIONAL INSURNCE CO. LTD., DIVISIONAL OFFICE, MOTOR THIRD PARTY CLAIMS DEVELOPMENT, T.C.25/53, GANDHARI AMMAN COIL ROAD, PULIMOOD, THIRUVANANTHAPURAM-1. ADV. SRI.K.A.HASHIM FOR R1-2 SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.432 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1197/2002 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. They are the wife and minor son of deceased Renjith Kumar who died in a motor accident. On May 6, 2002 at about 1 p.m., while the deceased was riding the motor cycle bearing Reg.No.KL-3/F 4471 along Chengannur-Mavelikkara public road, he was knocked down by a Maruthi car bearing Reg.No.KL-3/E-7577 driven by the first 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 car, the first respondent, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.12,00,000/-. 2. Respondents 1 and 2, the driver and the owner of the offending car filed a joint written statement admitting the accident, but MACA.No.432/2007 2 attributed negligence on the part of the deceased. The third respondent, the insurer of the offending car filed a written statement admitting the policy. 3. Exts.A1 to A7 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.4,07,500/- 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. 4. Heard 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 driver of the offending car is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. MACA.No.432/2007 3 6. The Tribunal awarded a total compensation of Rs.4,07,500/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs.7,500/- Transport to hospital - Rs.5,000/- Loss of love and affection - Rs.15,000/- Loss of estate - Rs.10,000/- Loss of dependency - Rs.3,60,000/- Loss of consortium - Rs. 10,000/- 7. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency. 8. The Tribunal took the monthly income of the deceased as Rs.2,500/- which works out to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- was taken was his annual contribution to his family. The Tribunal adopted a multiplier of 18 and awarded Rs. 3,60,000/- for the loss of dependency. According to the claimants, deceased was aged 26 at the time of the accident and was a Marketing Executive in Access Price Group, Kochi earning Rs. 6,875/- per month. Ext.A7 is the certificate to that effect. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 4,500/- which MACA.No.432/2007 4 comes to Rs. 54,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 36,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 18 which is not seriously disputed. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 6,48,000/- ( 36,000 x 18). Thus on this count, the claimants are entitled to an additional compensation of Rs.2,88,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 9. 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 for the enhanced compensation. 10 In the result, the claimants are found entitled to an additional compensation of Rs. 2,88,000/-. 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 MACA.No.432/2007 5 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. Out of the enhanced compensation, 75% shall be given to the minor son, 20% to the widow and 10% to the mother of the deceased, who is the third claimant in the O.P. 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. The 5th sentence in paragraph 10 of the judgment dated 04/10/2010 in M.A.C.A.No.432/2007 viz. “ Out of the enhanced compensation 75% shall be given to the minor son, 20% to the widow and 10% to the mother of the deceased, who is the third claimant in the O.P.” is corrected and substituted as “ The amount of enhanced MACA.No.432/2007 6 compensation shall be shared among the mother,widow and son, in the ratio of 10:15:75”, vide order dated 14/01/2011 in I.A.3329/2010. Sd/- Registrar ( Judicial) MACA.No.432/2007 7