IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 MACA.No. 1440 of 2004(B) ------------------------------------- [O.P(MV).NO.2486/1996 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM] .................... APPELLANTS/APPELLANTS: ----------------------------------------- 1. VALSA POULOSE, W/O.K.P.POULOSE, AGED 45 YEARS, KALLANICKAL HOUSE, KULAYATTIKKARA DESOM, KULAYATTIKKARA VILLAGE, KANAYANNOOR TALUK. 2. ANU POULOSE, D/O.K.P.POULOSE, AGED 17 YEARS, KALLANICKAL HOUSE, KULAYATTIKKARA DESOM, KULAYATTIKKARA VILLAGE, KANAYANNOOR TALUK, REPRESENTED BY MOTHER AND NATURAL GUARDIAN VALSA POULOSE. 3. ARUN POULOSE, S/O.K.P.POULOSE, AGED 15 YEARS, KALLANICKAL HOUSE, KULAYATTIKKARA DESOM, KULAYATTIKKARA VILLAGE, KANAYANNOOR TALUK, REPRESENTED BY MOTHER AND NATURAL GUARDIAN VALSA POULOSE. 4. PAILY, S/O.PAVU, AGED 71 YEARS, KALLANICKAL HOUSE, KULAYATTIKKARA DESOM, KULAYATTIKKARA VILLAGE, KANAYANNOOR TALUK. 5. ALEYAMMA PAILY, W/O.PAILY, AGED 69 YEARS, KALLANICKAL HOUSE, KULAYATTIKKARA DESOM, KULAYATTIKKARA VILLAGE, KANAYANNOOR TALUK. BY ADV. SRI.K.J.KURIACHAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. C.K.NAZAR, CHERUVIPARAMBIL HOUSE, KULAYATTIKKARA P.O., ERNAKULAM DISTRICT. M.A.C.A. NO. 1440/2004-B: 2. P.M.MOHAMMED, PATTATHIL HOUSE, KANJIRAMATTOM P.O., ERNAKULAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., MATTANCHERY, KOCHI-2. 4. M.G.SAJEEV KUMAR, MULLASSERIL HOUSE, BRAHMAMANGALAM, VAIKOM. 5. M.T.JOHN, THADATHIL HOUSE, KURAVILANGAD P.O., KOTTAYAM DISTRICT. 6. UNITED INDIA INSURANCE CO.LTD., K.K.ROAD, KOTTAYAM-686 001. R2 BY ADVS. SRI.S.M.PREM, SMT.K.P.SANTHI, SMT.ANALAKHUSI BHASKAR, R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADVS. SRI.P.JACOB MATHEW, SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1440 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 16th day of February, 2011 JUDGMENT Barkath Ali, J. Claimants 2 to 6 in O.P.(MV) No.2486 of 1996 on the file of the Motor Accidents Claims Tribunal, Ernakulam are the appellants. They are the wife, two children and parents of deceased 1st claimant. In this appeal they challenge the judgment and award of the Tribunal dated January 19, 2004 awarding a compensation of Rs.4,63,000/- for the loss caused to them on account of the death of deceased 1st claimant in a motor accident. 2. The accident occurred on January 22, 1996 at about 3.30 p.m. at Kanjiramattom on the Gama- Chittethkatty road. The deceased 1st claimant was travelling in a jeep bearing registration No.KRK 231. At that time a mini lorry bearing registration No.KL-7/H-3542 came at a high speed and dashed against the jeep in which the 1st claimant was travelling. The 1st claimant sustained fracture MACA 1440/2004 2 of D12 vertibra and became paraplegic and under treatment till his death on November 14, 2000. Alleging negligence against the driver of the mini lorry, the 1st claimant filed the O.P. before the Tribunal claiming compensation for the injuries sustained by him in the accident. During the pendency of the O.P. the 1st claimant died and his wife and children were impleaded as supplemental petitioners 2 to 6. They claimed a compensation of Rs.8,00,000/-. 3. Respondents 1 to 3 are the driver, owner and insurer of the offending mini lorry and respondents 4 to 6 are the driver, owner and insurer of the jeep. Only respondents 3, 4 and 6 entered appearance. Respondents 3 and 6 Insurance Companies of the mini lorry and jeep respectively contested the matter. They admitted the policy of the respective vehicles but attributed negligence to the driver of the other vehicle. 4. PWs.1 to 3 were examined and Exts. A1 to A14 were marked on the side of the claimants. The Tribunal, on an appreciation of the evidence, found that the accident MACA 1440/2004 3 occurred due to negligence of drivers of both the vehicles and that deceased 1st claimant died as a result of the injuries sustained in the accident and awarded a compensation of Rs.4,63,000/- with interest @ 6% per annum from the date of petition till realization and proportionate cost. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimants and the learned counsel for the Insurance Companies 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the drivers of both the vehicles 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.4,63,000/-. Break up of the compensation awarded is as under:- MACA 1440/2004 4 Transportation : Rs. 2,500 Extra nourishment : Rs. 2,500 Damage to clothing : Rs. 500 Attendant and nursing : Rs. 10,000 expenses. Loss of earnings : Rs. 87,000 Medical bills : Rs. 1,68,000 Pain and suffering : Rs. 30,000 Loss of amenities : Rs. 20,000 Loss of dependency : Rs. 1,20,000 Loss of consortium : Rs. 10,000 Loss of love and affection : Rs. 10,000 Funeral expenses : Rs. 2,500 ------------------ Total : Rs. 4,63,000 ======== 8. The learned counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of deceased 1st claimant as Rs.1,500/-, after deducting 1/3rd for his personal expenses, balance amount of Rs.1,000/- was taken as his monthly contribution to his family, adopted multiplier of 10 and awarded Rs.1,20,000/- for loss of dependency. According to the claimants, deceased 1st claimant was a contractor of sand mining and also conducted poultry farm MACA 1440/2004 5 earning Rs.5,000/- per month. PW3 the Secretary of the Panchayat was examined to prove the same. Taking into consideration the above aspect, we feel that monthly income of deceased 1st claimant can reasonably be fixed at Rs.3,500/-, which comes to Rs.42,000/- per annum. After deducting 1/3rd for his personal expenses balance amount of Rs.28,000/- per annum can be taken as his annual contribution to his family. The deceased was aged 35 at the time of his death. Therefore, multiplier of 12 would be reasonable in this case. Thus, for the loss of dependency, the claimants are entitled to a compensation of Rs.3,36,000/-. Thus, the claimants are entitled an additional compensation of Rs. 2,16,000/- on this count. 10. The Tribunal awarded a compensation of Rs.30,000/- for pain and suffering endured. Taking into consideration the fact that the 1st claimant died about 4 ½ years after the accident and he was undergoing continuous treatment, we feel that a compensation of Rs.50,000/- would be reasonable on this count. MACA 1440/2004 6 11. The Tribunal awarded Rs.10,000/- for loss of consortium and Rs.10,000/- for loss of love and affection. Taking in to consideration the age of deceased 1st claimant and age of the appellants, we feel that a compensation of Rs.40,000/- for loss of love and affection and Rs.15,000/- for loss of consortium would be reasonable. 12. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. The claimants are entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 13. In the result, the claimants are found entitled to an additional compensation of Rs.2,71,000/-. They are entitled to interest @ 7.5% per annum from the date of MACA 1440/2004 7 petition till realization for the compensation already awarded and also for the enhanced compensation. Respondents 3 and 6 being the insurers of the vehicles involved in the accident shall deposit the amount with interest and proportionate cost within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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. mn.