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 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 MACA.No. 1301 of 2009() ----------------------- OPMV.38/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONERS -------------- 1. RAVINDRANATH MENON VISWA RICE MILLS, P.O.PERUVEMBA,PALAKKAD DISTRICT. 2. SARALA R.MENON,W/O.RAVINDRANATH MENON VISWA RICE MILLS, P.O.PERUVEMBA,PALAKKAD DISTRICT. 3. VIVEK, S/O. RAVINDRANATH MENON VISWA RICE MILLS, P.O.PERUVEMBA,PALAKKAD DISTRICT. 4. ASHIQUE ,S/O. RAVINDRANATH MENON VISWA RICE MILLS, P.O.PERUVEMBA,PALAKKAD DISTRICT. BY ADV. SRI.T.C.GOVINDA SWAMY SRIT.R.MOHANAKUMAR SRIT.R.MOHANAKUMAR RESPONDENTS/RESPONDENTS --------------- 1. SMT.BAHITHA VINCENT D/O.VINCENT,KALAVARAPARAMBIL HOUSE P.O.MANGALAM DAM,PALAKKAD DISTRICT. 2. SUNNY, S/O. T.C.KURUVILA THACHARIL HOUSE, P.O.KAYARADI,PALAKKAD DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD DIVISIONAL OFFICE, SOBHA T.S.M.COMPLEX VH ROAD, PALAKKAD 678 001. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1301 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)38/2001 on the file of the Motor Accidents Claims Tribunal, Thrissur. They are the parents and brothers of deceased Deepak who died in a motor accident. They challenged the judgment and award of the Tribunal dated September 20, 2005 awarding a compensation of Rs.5,56,000/- for the loss caused to the claimants on account of the death of deceased Deepak in a motor accident. 2. On November 14, 2000 at about 6.20 p.m., while the deceased was riding his motor cycle bearing Reg.No.KL/7 K 4904 along Thrissur-Palakkad National Highway from east to west and reached at Mudikode near Chathakulam junction, he was knocked down by a jeep bearing Reg.No.KL-9/D 1888 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in Aswinin Hospital, Thrissur on the same day. Alleging negligence against the MACA.No.1301/2009 2 driver of the jeep, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.10,00,000/-. 3. First respondent, the owner of the offending jeep remained absent before the Tribunal. No relief was claimed against the second respondent. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy of the jeep, but denied the liability. 4. PW1 was examined and Exts.A1 to A13 were marked on the side of the claimants before the Tribunal. Exs.B1was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.5,56,000/- with interest at the rate of 7% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.1301/2009 3 that the accident occurred due to the negligence on the part of the driver of the jeep is not challenged in this appeal. Therefore 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.5,56,000/- The break up of the compensation amount awarded is as under: Transportation - Rs. 2,000/- Damages to clothing - Rs. 1,000/- Funeral expenses - Rs. 5,000/- Pain and suffering - Rs.15,000/- Loss to estate - Rs.25,000/- Loss of dependency - Rs.4,68,000/- Loss of love and affection - Rs. 40,000/- 8. The Counsel for the claimants mainly sought enhancement of the compensation for the loss of dependency. 9. The Tribunal took the monthly income of the deceased as Rs.4,000/- and after deducting Rs. 1,000/- for his personal expenses, the balance amount of Rs. 3,000/- was taken as his annual contribution to his family, adopted a multiplier of 13 as the deceased was aged 49 at the time of the accident and awarded Rs. 4,68,000/- for the loss of dependency. According to the claimants, deceased was earning MACA.No.1301/2009 4 Rs. 8,500/- per month as an employee of Tulip Software Ltd. Ext.A9 is his salary certificate. He was a Diploma holder in Computer Hardware Maintenance. Therefore, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 6,000/- which comes to Rs.72,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 48,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 13 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 6,24,000/- ( 48,000 x 13). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,56,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. There is another aspect in this case. There is a delay of 1263 days in filing the appeal. Therefore, the claimants will not be entitled to interest for the said period. 11. In the result, the claimants are found entitled to an additional compensation of Rs. 1,56,000/ with interest @ 7% per MACA.No.1301/2009 5 annum from the date of petition till realisation and proportionate cost. The claimants will not be entitled to interest for the period of 1263 days being the delay caused in filing the appeal. The third 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 sv. MACA.No.1301/2009 6