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 5TH APRIL 2010 / 15TH CHAITHRA 1932 MACA.No. 1492 of 2005() ----------------------- OPMV.392/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER/LEGAL HEIRS OF THE DECEASED SAVITHRI ANDARJANAM (1ST PTR.) -------------------------------------------------------------- 1. HEMALATHA.M.P., W/O.LATE RAMAN NAMBOODHIRI, PADIVATTATH MANA, CHALAKUDY P.O., THRISSUR. 2. THARA.R.NAMBOOTHIRI, D/O.LATE RAMAN NAMBOOTHIRI, DO. DO. 3. SREERAJ.R.NAMBOOTHIRI (MINOR) AGED 15, REPRESENTED BY MOTHER AND GUARDIAN, IST APPELLANT DO. DO. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENT(S): RESPONDENTS --------------- 1. JISHA JAYAN, W/O.ANILKUMAR, ANANDA MANDIRAM, THANNEERMUKKOM, CHERTHALA, ALAPPUZHA DIST. 2. P.A.JACOB, S/O.ABRAHAM, PULICHAMOOTTIL HOUSE, ERAVIPEROOR P.O., KOTTAYAM DIST. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., SHAN COMPLEX, IST FLOOR BAZAR ROAD, MATTANCHERY, KOCHI - 2. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1492 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.392/1999 of Motor Accidents Claims Tribunal, Irinjalakkuda challenge the judgment and award of the Tribunal dated March 21, 2005 awarding a compensation of Rs. 2,53,565/- for the loss caused to them on account of the death of deceased Raman Namboodir in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased Raman Namboodiri was aged 50 at the time of the accident and used to earn Rs. 8,000/- per month as an Ottanthullal artist. On January 1, 1999 at about 10.15 a.m., while he was walking along the side of Thrissur-Ernakulam National Highway at South Junction, Chalakkudy, he was knocked down by a lorry bearing Reg.No.KL-7/E 5308. He sustained severe injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on the same day at 2 p.m. Claimants are the mother, wife and children of MACA.No.1492/2005 2 deceased Raman Namboodiri. According to the claimants, accident occurred due to the rash and negligent driving of the offending lorry by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimants. Claimants claimed a compensation of Rs. 5 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending lorry remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending lorry filed a written statement admitting the policy. 4. PWs 1,2 and 3 were examined and Exts.A1 to A12 were marked on the side of the claimants. On the side of the contesting third respondent, copy of the Insurance Policy was marked as Ext.B1. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by second respondent and awarded a compensation of Rs. 2,53,565/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.1492/2005 3 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent 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. 2,53,565/-. The break up of the compensation amount awarded is as under : Loss of dependency -Rs. 2,20,000/- Funeral expenses -Rs. 2,000/- Loss of estate -Rs. 2,500/- Loss of consortium -Rs. 10,000/- Expenses towards transport to hospital -Rs. 1,000/- Loss of love and affection -Rs. 10,000/- Pain and suffering -Rs. 5,000/- Medical expenses -Rs. 3,065/- ------------------- Total -Rs. 2,53,565/- =========== 8. Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency on the ground that MACA.No.1492/2005 4 the Tribunal is not correct in taking the monthly income of the claimant as Rs.2,500/- and that as an Ottanthullal artist, he used to earn Rs. 8,000/- per month. There is force in the above contention. The Tribunal took the monthly income of the deceased as Rs. 2,500/- and after deducting 1/3 for his personal expenses, adopted a multiplier of 11 and awarded Rs. 2,20,000/- for the loss of dependency. Ext.A10 series shows that he was a professional Ottanthullal artist and has other connected cultural activities. PW1, the wife of the deceased has also testified to that effect. Taking into consideration all these aspects, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,500/- which comes to Rs. 42,000/- per annum. After deducting 1/3 for his personal expenses, his annual contribution to his family comes to Rs. 28,000/-. The Tribunal adopted a multiplier of 11 which is not seriously challenged as the deceased was aged 50 at the time of the accident. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,08,000/-. Thus, on this count, the claimants are entitled to an additional compensation of Rs. 88,000/-. MACA.No.1492/2005 5 9. Counsel for the claimants pointed out that for the loss of consortium, only Rs. 10,000/- was awarded by the Tribunal which is very low. In the present case, the second claimant/appellant who is the widow was aged 39 at the time of the accident. Therefore, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs. 5,000/-. Regarding 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. The Tribunal awarded interest only @ 6% per annum which is very low. Claimants are entitled to interest @ 7.5% per annum for the compensation already awarded as well as for the enhanced compensation. 11. Thus, the claimants are found entitled to an additional compensation of Rs. 93,000/-. They are entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the MACA.No.1492/2005 6 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. In line 2 of paragraph 11 of the judgment dated 05/04/2010 in M.A.C.A.No.1492/2005, the rate of interest shown as “9%” is corrected and substituted as “7.5%” vide order dated 21/07/2010 in I.A.No.1694/2010 in M.A.C.A.No.1492/2005. Sd/- Registrar ( Judicial) MACA.No.1492/2005 7