IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 MACA.No. 1186 of 2004() ----------------------------------- OPMV.263/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/PETITIONERS 1, 3 AND 4 ------------------------------------------------------- 1. GOMATHY, D/O. CHERUPENNU, KANJIRAMVILA VEEDU, PERINGODU, ELAMPAL, PUNALUR. 2. SATHISH KUMAR, S/O. RAGHAVAN, KANJIRAMVILA VEEDU, PERINGODU, ELAMPAL, PUNALUR. 3. SATHY, D/O. GOMATHY, KANJIRAMVILA VEEDU, PERINGODU, ELAMPAL, PUNALUR. BY ADV. SRI.S.SREEKUMAR RESPONDENTS/RESPONDENTS/2ND PETITIONER ------------------------------------------------------------------------- 1. RAJAGOPAL, S/O. ARUNACHALAM, 5-AMMAYAPPAN PILLAI STREET, VILLUPURAM, MATHURAI -12, TAMIL NADU. 2. KASI MAYAN, S/O. PARAMASWAMY, 7-MELPONGARAM 8TH STREET, MATHURAI, TAMIL NADU. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., KAMARAJ ROAD, MATHURAI. 4. RAGHAVAN, S/O. SANKU, KANJIRAMVILA VEEDU, PERINGODU, ELAMPAL, PUNALUR. R3 BY ADV. SRI.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1186 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 11th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are claimants 1, 3 and 4 in O.P.(MV) No.263 of 2000 on the file of the Motor Accidents Claims Tribunal, Punalur. They are the mother, brother and sister of Santhosh Kumar who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated March 9, 2004 awarding a compensation of Rs.1,89,400/- for the loss caused to them on account of the death of SanthoshKumar in the accident. 2. The accident occurred on January 20, 2000 at about 3 p.m. at Swagatham Junction on the Kollam – Chenkotta National Highway. While deceased Santhosh Kumar was cycling along the road, he was knocked down by a lorry bearing registration No.TC/59/C/9500, driven by the second respondent. He sustained serious injuries and he succumbed to MACA 1186/2004 2 the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the second respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.4 lakhs. 3. Respondents 1 to 3 are the owner, driver and insurer of the offending lorry. The first respondent, owner of the offending lorry, remained absent and he was set ex parte by the Tribunal. No relief was claimed against the second respondent. The third respondent filed a written statement admitting the policy but denied the negligence on the part of the second respondent. PWs.1 and 2 were examined and Exts. A1 to A8 were marked on the side of the claimants. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs.1,89,400/- with interest @ 6 % per annum 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. MACA 1186/2004 3 4. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 5. The accident is not disputed. The findings of the Tribunal that the accident occurred due to the negligence of the second respondent, driver of the offending lorry, and that the deceased died as a result of the injuries sustained in the accident are 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 Tribunal awarded a total compensation of Rs.1,89,400/-. 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 happiness : Rs. 10,000 Loss of dependency : Rs.1,66,400 ------------------ Total : Rs.1,89,400 ======== 7. The learned counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the MACA 1186/2004 4 loss of dependency and on other heads. 8. The Tribunal took the monthly income of the deceased as Rs.1,600/-, which comes to Rs.19,200/- per annum. After deducting 1/3 for his personal expenses, balance amount of Rs.12,800/- was taken as his annual contribution to his family. The Tribunal adopted multiplier of 13 and awarded a compensation of Rs.1,66,400/- for the loss of dependency. According to the claimants, the deceased was working under PW2 earning Rs.3,000/-per month. Taking into consideration the above aspect, we feel that the monthly income of the deceased can reasonably be fixed at Rs.2,500/- which comes to Rs.30,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.20,000/- can be taken as his annual contribution to his family. The deceased was aged 46 at the time of the accident. The dependents are his parents, brother and sister. The mother was aged only about 45. Taking into consideration all these aspects, we feel that the proper multiplier that can be adopted in this case is 14. Thus calculated the claimants are entitled to a compensation of MACA 1186/2004 5 Rs.2,80,000/-(Rs.20,000/- x 14) for the loss of dependency. Thus, the claimants are entitled an additional compensation of Rs. 1,13,600/- on this count. 9. The Tribunal awarded Rs.10,000/- towards loss of love and affection (loss of happiness), which appears to be very low. Having regard to the age of the deceased and the claimants, we feel that a compensation of Rs.25,000/- would be reasonable 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. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 10. In the result, the claimants are found entitled to additional compensation of Rs.1,28,600/-. The Tribunal awarded interest @ 6% per annum, which appears to be very low. The claimants are entitled to interest @ 7.5% p.a. from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. They are also entitled to proportionate costs. The third MACA 1186/2004 6 respondent being the insurer of the offending lorry is directed to 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. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.