IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 MACA.No. 2828 of 2009() ----------------------- OPMV.928/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONERS ------------------------- 1. K.R.NANU, KEEZHATHARA HOUSE, KOODAPUZHA DESOM, CHALAKKUDY P.O. 2. THANKAMANI, W/O. NANU, KEEZHATHARA HOUSE, KOODAPUZHA DESOM, CHALAKKUDY P.O. 3. SULOCHANA, D/O. NANU, KEEZHATHARA HOUSE, KOODAPUZHA DESOM, CHALAKKUDY P.O. 4. SREEDEVI, D/O.NANU, KEEZHATHARA HOUSE, KOODAPUZHA DESOM, CHALAKKUDY P.O. 5. JAYA, D/O. NANU,KEEZHATHARA HOUSE, KOODAPUZHA DESOM, CHALAKKUDY P.O. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): RESPONDENTS -------------------------- 1. JOSEKUTTY, S/O. JOHN, VADAKARA HOUSE, CHEMBERI P.O., KANNUR. 2. SABU,S/O.ISAC,MANIMALA HOUSE, CHEMBERI P.O.,KANNUR. 3. THE ORIENTAL INSURANCE COMPANY LTD., SOBHA TSM COMPLEX, -RLY.STATION ROAD, PALAKKAD. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 2828 of 2009 ------------------------------------------------------ Dated: JUNE 30, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimants in OP(MV) 928/2005 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, who are the parents and sisters of deceased Sivadasan, challenges the judgment and award of the Tribunal, dated, May 11, 2009 awarding a compensation of Rs.1,64,500/- for the loss caused to the claimants on account of the death of Sivadasan in a motor accident. 2. The facts leading to this appeal in brief are these: The deceased was aged 29 at the time of the accident and used to earn Rs.6000/- per month as a licensed electrician according to the claimants. On February 13, 2005 the deceased was travelling in an autorickshaw bearing registration No.KL8/W 6184. When it reached near Panambilly Junction at Potta, a Tata Sumo vehicle bearing registration No.KL-13/L 6151 driven by the 1st respondent came at a high speed and dashed against the autorickshaw. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants the accident occurred due to the negligence on the part M.A.C.A. 2828 of 2009 2 of the 1st respondent. The 1st respondent as the driver, the 2nd respondent as the owner and the 3rd respondent as the insurer of the offending car are jointly and severally liable to pay compensation to the claimants who are the legal heirs and dependents of the deceased. The claimants claimed a compensation of Rs.4 lakhs. 3. Respondents 1 and 2, the driver and the owner of the offending vehicle, remained absent and were set ex parte by the Tribunal. The 3rd respondent, insurer of the offending vehicle, filed a written statement admitting the policy and further contended that there was also negligence on the part of the driver of the autorickshaw involved in the accident. 4. This O.P. was jointly tried along with O.P.(MV)869/2005 filed by another injured person in the accident. Exts.A1 to A5 were marked in this O.P. and Exts.A6 to A9 were marked in O.P. 869/2005 before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 1st respondent and awarded a compensation of Rs.1,64,500/- with interest @ 7% 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. M.A.C.A. 2828 of 2009 3 5. Heard the counsel for the 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 1st respondent is not challenged in this appeal. Further, this being a claim under sec.163(A) of the Motor Vehicles Act, 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.1,64,500/-. The break up of the compensation awarded is as under:- loss of dependency - Rs.1,60,000/- funeral expenses and loss of estate - 4,500/- 8. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency. The Tribunal took the monthly income of the deceased as Rs.2500/- and after deducting 1/3rd for his personal expenses, the balance amount of Rs.20,000/- per annum was taken as his annual contribution to his family and adopted a multiplier of 8 as provided under Schedule II of the Motor Vehicles Act and awarded Rs.1,60,000/- for the loss of dependency. M.A.C.A. 2828 of 2009 4 9. The deceased was aged 29 at the time of the accident and was a licensed electrician of the Kerala State Electricity Board, as evidenced by Ext.A4 copy of the said licence. Taking into consideration this fact, we feel that his monthly income can be reasonably estimated at Rs.3500/- per month which comes to Rs.42,000/- per annum. After deducting 1/3rd for his personal expenses, the balance amount of Rs.28,000/- can be taken as his annual contribution to his family. The multiplier adopted by the Tribunal as 8 appears to be reasonable, taking into consideration the age of the 1st and 2nd petitioners who are the parents of the deceased. Thus calculated, for the loss of dependency, the claimants are entitled to a compensation of Rs.2,24,000/- (28000 x 8). Thus on this count, the claimants are entitled to an additional compensation of Rs.64,000/-. 10. The Tribunal awarded Rs.4500/- for funeral expenses and loss of estate as provided under Schedule II of the Motor Vehicles Act. 11. Thus the claimants are entitled to an additional compensation of Rs.64,000/-. The Tribunal awarded interest at the rate of 7% per annum only which appears to be very low. The claimants are entitled to interest at the rate of 7.5% per annum for the compensation already awarded and also for the enhanced M.A.C.A. 2828 of 2009 5 compensation from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-