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 14TH FEBRUARY 2011 / 25TH MAGHA 1932 MACA.No. 363 of 2006() ----------------------------------- OP(MV)NO .1831/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONERS. --------------------------------------------------------------- 1. OMANA RAJAN, W/O.LATE RAJAN, MUNDIYARA @ MUNDUCHIRA, NEAR PARAKAL BRIDGE, A.C.ROAD, POOVAMKARA, CHANGANCHERRY. 2. SWAPNA RAJAN, D/O.LATE RAJAN, DO. DO. BY ADV. SRI.K.A.HASHIM RESPONDENT(S)/ RESPONDENTS ---------------------------------------------------- 1. RAMAKRISHNAN NAIR, MANI MANDIRAM HOUSE, KARAKKADU P.O. CHENGANNUR. 2. THE NATIONAL INSURANCE COMPANY LTD., PATHANAMTHITTA. R2 BY ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A No. 363 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 14th day of February, 2011 JUDGMENT Basheer, J. The parents and younger sister of a 20 year young man, who died in a motor traffic accident, have preferred this appeal impugning the award passed by the Motor Accidents Claims Tribunal, primarily on the ground that the compensation awarded is too inadequate and meagre. 2. The Tribunal, after considering the documentary evidence adduced by the appellants, awarded a sum of Rs.2,23,000/- with interest @ 6% per annum from the date of petition till realization and directed respondent No.2 herein, the insurer of the offending vehicle, to satisfy the award. 3. According to the appellants, the deceased who was aged 20 at the time of the accident had been working as a helper in a construction company and earning a monthly income of Rs.4,500/-. They further contended that he was the sole bread winner of the family. The other younger sibling MACA 363/2006 2 being an unemployed girl. The Tribunal reckoned the monthly income of the deceased as Rs.1,500/-, and adopted a multiplier of 15 to assess the compensation payable under the head of loss of dependency as Rs.1,80,000/-. In addition to the above, the Tribunal awarded a sum of Rs.7,000/- under the head of pain and suffering, Rs.20,000/- for loss of love and affection and Rs.10,000/- towards loss of estate. 4. We have heard learned counsel for the appellants and learned counsel for respondent No.2 Insurance Company and perused the materials available on record. 5. Admittedly the deceased was hardly 20 at the time of his death. He had been working as a helper in a construction company. The employer of the said company was examined as PW3. He deposed that the deceased was being paid Rs.4,500/- towards wages every month. But the Tribunal did not accept the salary certificate or the statement made by the employer under oath and took the monthly income of the deceased as Rs.1,500/-. In our view, the Tribunal was not justified in totally discarding the salary certificate and the oral testimony of PW3 in toto. Having regard to the entire facts and circumstances of MACA 363/2006 3 the case, we are satisfied that the monthly income of the deceased can be taken as Rs.3,500/-. Thus, for the loss of dependency the appellants are entitled to get Rs.4,20,000/- (Rs.3,500 x 2/3 x 12 x 15). 6. Similarly, the compensation awarded under the head of loss of love and affection is also on the lower side. Interest of justice will be met if the said amount is enhanced to Rs.30,000/-. We do so. 7. Therefore, the appellants are entitled to get additional compensation of Rs.2,50,000/-. The Tribunal has awarded interest only @ 6% per annum, which appears to be very low. The appellants shall be entitled to get interest @ 7.5% per annum from the date of petition till realization. The award of the Tribunal is modified to the above extent. The appeal is disposed of as above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn. MACA 363/2006 4