IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 1773 of 2007(G) OPMV.1964/2005 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE DATED 9/2/2007 ------------------------------- APPELLANTS/PETITIONERS IN O.P.(MV) ------------------------------------------- 1. JEREENA.V., AGED 25 YEARS, W/O.LATE M.K.NAZEER. 2. MUHAMMED NIHAL (MINOR), AGED 6 YEARS, DOB 20-7-2001, S/O.LATE M.K.NAZEER. 3. HISHAM (MINOR), AGED 4 YEARS, DOB 5-8-2003, S/O.LATE M.K.NAZEER. (APPELLANTS 2 & 3 ARE MINORS REPRESENTED BY THEIR MOTHER & LEGAL GUARDIAN JEREENA.V. IST APPELLANT). 4. MUHAMMED, AGED 66 YEARS, S/O.MOIDEENKUTTY (LATE). 5. AMINABI, AGED 52 YEARS, W/O.MUHAMMED, (ALL ARE RESIDING AT KOOMAMKANDY HOUSE, P.O.PUTHIYANGADI, KOZHIKODE). BY ADV. SMT.LATHA PRABHAKARAN MR.K.M.JAMALUDHEEN RESPONDENTS/ RESPONDENTS IN O.P(M.V) ------------------------------------------------- 1. T.MUHAMMED KOYA, AGE NOT KNOWN, S/O.HYDER, RESIDING AT HYDER HOUSE, P.O.ELATHUR, KOZHIKODE. 2. NEW INDIA ASSURANCE COMPANY LIMITED, SHAFEER COMPLEX, OPPOSITE Y.M.C.A., KANNUR ROAD, KOZHIKODE. R2 BY ADV.MR.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 1773 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of NOVEMBER, 2009 J U D G M E N T P.R.RAMAN, J 1. The appellants are the dependents and legal heirs of the deceased who died in a motor accident on 5/4/2005, while he was riding his motor cycle KL-11Q/45 from Puthiyangadi to Kozhikode, When a bus bearing registration No. KL11-R5452 came in a rash and negligent manner, hit him and he sustained injuries. He was taken to the Medical College Hospital, Kozhikode and he succumbed to the injuries. Appellants are the wife, two children and the parents of the deceased. An amount of Rs.6 lakh was claimed by the petitioner as compensation under different heads. The second respondent, the insurer admitted the insurance coverage over the disputed negligence. 2. Ext. A1 to A3 were marked and no oral evidence adduced on either side. Based on Ext.A1 FIR, Crime M.A.C.A. No. 1773 of 2007 2 No.544/05 registered under Section 239(A) of Indian Penal Code, negligence attributed on the part of the bus driver was proved. 3. The deceased was 33 years old at the time of the accident. Ext.A2 is the Postmortem Certificate and Ext.A3 is the Legal Heirship Certificate. Though the petitioner contended that the deceased was earning an income of Rs.7,000/- per month, as a Sales Man in a Jewellery at Palayam, in the absence of any evidence to prove the same, the Court below fixed the income at Rs.2,250/- deducting one third, and applied 17 as the multiplier to work out the compensation for dependents. The Tribunal thus awarded an amount of Rs.3,06,000/- as compensation towards dependency; an amount of Rs.2000/- towards the funeral expenses; an amount of Rs.1,000/- towards transportation, an amount of Rs.5,000/- towards pain and suffering; an amount of Rs.10,000/- towards consortium, all comes to a total amount of Rs.3,24,000/-, along with the interest. M.A.C.A. No. 1773 of 2007 3 4. Though the appellants contended that the income as such pleaded ought to have been accepted by the Tribunal, we do not find any acceptable reason to support this. However, taking note of the fact that the deceased was maintaining the family, consisting of wife, two minor children and his parents, it would be appropriate to fix his income at Rs.3,000/- and one third, if deducted, the multiplicand will be Rs.2,000/- So, adopting this, if we recalculate the compensation, the appellant will be entitled to an additional compensation of Rs.1,02,000/-. No compensation has been awarded towards love and affection and an amount of Rs.25,000/- is awarded under that head. Towards the loss of income Rs.2500/- has been awarded. An amount of Rs.500/- is awarded towards loss of clothing and transportation. Thus the appellant will be entitled for a further amount of Rs.1,30,000/-. 5. The Tribunal was awarded interest only at the rate of 6% and normally it is at the rate of 7% per annum. M.A.C.A. No. 1773 of 2007 4 Accordingly, the appellant is entitled for interest at the rate of 7% per annum for the entire compensation including additional compensation, and the balance amount less the already awarded sum, will be deposited before the Tribunal, within 2 months from the date of receipt of a copy of this judgment. If not, the Tribunal will pass appropriate orders regarding the proportion in which the amount should be paid to the appellants and the manner of deposit. 6. The balance compensation will be deposited in the same manner as directed by the Court below in same proportion. If there is any balance court fee, for the additional compensation granted, the appellant shall deposit the same, before they seek to withdraw the amount. P.R.RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE nl