IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 MACA.No. 1345 of 2006() ----------------------- OPMV.505/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPLLANTS/PETITIONERS: ------------------------------------ 1. MINI, W/O. LATE MADHU, THEKKINETH HOUSE, PERINJALA P.O., NOW RESIDING AT C/O. VASUDEVAN, KARAPARAMBIL HOUSE, PONGAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. NARAYANAN, THEKKINETH HOUSE, PERINJALA P.O., NOW RESIDING AT C/O.VASUDEVAN KARAPARAMBIL HOUSE, PONGAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. SREEKUTTY T.M. (MINOR) AGED 5 YEARS, REPRESENTED BY GUARDIAN MOTHER MINI, THEKKINETH HOUSE, PERINJALA P.O., NOW RESIDING AT C/O. VASUDEVAN, KARAPARAMBIL HOUSE, PONGAM P.O., MUKUNDAPURAM TALUK, THRISSUR DIST. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. M.D. GEORGE, S/O. DAVID, MADAPPILLY HOUSE, EDATHALA P.O., POOKKATTUPADY. 2. M.V. JOSHI, S/O. VARGHESE, MADAPPILLY HOUSE, PAZHANGANAD P.O., KIZHAKKAMBALAM. 3. MANAGER, NATIONAL INSURANCE CO.LTD., MEDICAL MISSION JUNCTION, KOLENCHERY. ADV. SRI.RENNY AUGUSTINE FOR R1,2 SRI.P.JAYASANKAR FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1345 of 2006 .................................................................... Dated this the 3rd day of August, 2009. JUDGMENT Abdul Rehim, J. The wife, minor child and parents of a person who died in a motor vehicle accident, who were claimants before the Tribunal, are in appeal seeking enhancement of the compensation awarded. The deceased sustained fatal injuries when he was hit by a Jeep while walking through a public road. The deceased was at the age of 33 years and claimed to have been working as a Heavy Vehicle Driver. The Tribunal adopted a notional income of Rs.1,500/- p.m. for computing loss of estate and dependency. After deducting 1/3rd for personal expenses, compensation to the tune of Rs.1,32,000/- was granted under that head, and a total compensation of Rs.1,67,998/- was awarded. 2. Heard learned counsel for the appellant and Standing Counsel for the third respondent-Insurance Company. The appellants contended that, with respect to the occupation and income of the deceased the 2 appellants have produced Heavy Vehicle Driving Licence and Badge. Oral evidence was adduced by the first claimant to the effect that the deceased was getting a monthly income at the rate of Rs.6,000/- from employment as a Driver. But the Tribunal adopted only a notional income of Rs.1,500/- which according to the appellants is highly unrealistic and too inadequate. It is further contended that after being admitted that the deceased was aged 33 years, the Tribunal fixed multiplier as 11, which is erroneous and the correct multiplier ought to have been adopted is 17. It is also contended that amounts awarded under various other heads like, loss of consortium, loss of love and affection etc. are highly on the lower side. Standing Counsel opposed enhancement of the compensation contending that reasonable amount had already been granted under different heads. 3. Having considered the entire facts and circumstances of the case and evidence on record, we are persuaded to accept the contention that the correct multiplier ought to have been adopted is 17. Considering the fact that the deceased was holding a Heavy Vehicle Driving Licence and Badge and considering the oral evidence that he 3 was employed as a driver, we feel that the amount of Rs.1,500/- per month adopted as notional income, is on the lower side. We moderately estimate monthly income of the deceased at Rs.2,500/- for the purpose of computation. Calculated on the above basis the appellants are entitled to get an amount of Rs.3,40,000/- (2500 x 12 x 17 x 2/3) as compensation under the head of loss of estate and dependency. This will entitle the appellants for an additional amount of Rs.2,08,000/- under that head. We feel that it is only reasonable to enhance the compensation granted under the head of loss of consortium and loss of love and affection by a sum of Rs.5,000/- each, which will entitle the appellants for a further sum of Rs.10,000/-. It is also contended by the appellants that the rate of interest at 6% granted by the Tribunal is highly on the lower side. We are inclined to increase the rate of interest from 6% to 7.5% p.a. In the result, the appeal is partly allowed enhancing the total compensation of Rs.1,67,998/- awarded by the Tribunal by a further sum of Rs.2,18,000/- (Rs.2,08,000/- + Rs.10,000/-). The original amount of compensation as well as the enhancement granted in this 4 appeal will carry interest at the rate of 7.5% p.a. from the date of the claim petition till payment. The third respondent-Insurance Company is directed to make payment within a period of three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms