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. 107 of 2008(C) OPMV.1395/2000 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE , DATED 25/4/2007 .................... APPELLANTS/PETITIONERS 1 TO 3 IN O.P.(MV) 1. M.C.MUMTHAZ, D/O. IBRAHIM, KUTTICHATHAN PALAKKAL HOUSE, KODUVALLY AMSOM, KODUVALLY POST, PARAMBATHAKAVU DESOM, KOZHIKODE. 2. K.P.HAMDAN, S/O. THAYYIBALI, (MINOR), KUTTICHATHAN PALAKKAL HOUSE, KODUVALLY AMSOM, KODUVALLY POST, PARAMBATHAKAVU DESOM, KOZHIKODE. 3. K.P.JUNIYA, D/O. THAYYIBALI, (MINOR), KUTTICHATHAN PALAKKAL HOUSE, KODUVALLY AMSOM, KODUVALLY POST, PARAMBATHAKAVU DESOM, KOZHIKODE. BY ADV. MR.THOMAS ANTONY RESPONDENT(S)/RESPONDENTS 1 TO 6 IN THE O.P.(MV) AND LEGAL HEIRS OF 4TH PETITIONER IN THE O.P.(MV) 1. S.SREELAL, GANGALAYAM, MANGAD P.O., KOLLAM. 2. FRANCIS FERNANDES, S/O. JOSEPH, ATTOR KIZHAKKAL VEEDU, NEAR NAIRS HOSPITAL, AZHRAMAM, KOLLAM. 3. THE ORIENTAL INSURANCE CO. LTD., THODUPUZHA BRANCH, JYOTHI SUPER BAZAR, THODUPUZHA. 4. V.K.MAJEED, S/O. MOHAMMED, VATTAMKANDATHIL HOUSE, PADANILAM P.O., KOZHIKODE. 5. K.P.ABDUL GAFOOR, S/O. K.P.ALI, KAITHAPARAMBIL HOUSE, KODUVALLY, KOZHIKODE. 6. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE-II, CHEROOTY ROAD, KOZHIKODE. 7. V.SAFIYA, D/O. T.FATHIMA, MALLISSERY HOUSE, ATHOLY P.O., KOZHIKODE. 8. YAHYALI, S/O. T.FATHIMA, ELAVANCHALIL HOUSE, KODUVALLY, KOZHIKODE-673 572. 9. T.SAKKARIYA, S/O. T.FATHIMA, KUTTICHATHAN PALAKKAL, KODUVALLY, KOZHIKODE-673 572. 10. T.V.YOUSAFALI, S/O. T.FATHIMA, THANNIKKAL HOUSE, KODUVALLY, KOZHIKODE-673 572. 11. T.V.ABDUL AHAD, S/O. T.FATHIMA, PARAMBATHALATH, KODUVALLY, KOZHIKODE-673 572. R1 BY ADV. MR.VARGHESE KALLUMOOTTILL R2 BY MR.SAJU.S.A R6 BY MR.P.G.GANAPPAN R3 BY MR.VPK.PANICKER 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.107 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of NOVEMBER, 2009 J U D G M E N T P.R.RAMAN, J 1. Appellants are the wife and children of the deceased Thayyibali who died as a result of an accident which took place on 29/4/2000 at Pezhakkappaly on Kottayam-Angamali M.C.Road. Besides the appellants, the mother of the deceased was also a claimant before the Tribunal. However the mother died later. 2. The accident occurred when the deceased was travelling in a jeep. A bus driven by the second respondent, in a rash an negligent manner, from the opposite direction , hit the jeep and the deceased sustained injuries and later succumbed to the same. The bus driver was found negligent. The vehicle is covered by a valid policy of insurance. 3. This being an appeal for enhancement of M.A.C.A. No. 107 of 2008 2 compensation, the only issue for consideration is as to whether the compensation awarded by the Tribunal is just and proper or whether he is entitled for a further amount. 4. The deceased stated to be a freelance driver by profession, earning an amount of Rs.3,000/- per month. In the absence of any oral or documentary evidence in support of his occupation, the Tribunal fixed the income at Rs.1,800/- one-third was deducted and Rs.1,200/- was taken as the multiplicant, adopting a multiplier of 17 for the dependency. 5. The compensation was worked out and an amount of Rs.2,44,800/- was awarded towards dependency; Rs.10,000/- as compensation towards consortium; an amount of Rs.5,205/- towards medical expenses; Rs.2,000/- towards funeral expenses; Rs.5,000/- towards pain and suffering and Rs.1,500/- towards transportation were also awarded by the Tribunal. 6. We do not find, the compensation awarded under M.A.C.A. No. 107 of 2008 3 different heads are inadequate. But we find that the Tribunal was not justified in estimating the income at Rs.1,800/-. It is to be noticed that the deceased was maintaining a family consisting of wife, two minor children and aged mother of the deceased. The appellant contends that they would have adduced better evidence to support the income aspect of the matter. But the Tribunal did not allowed the same. The Tribunal is of the opinion that there is no acceptable evidence with regard to the occupation but we cannot totally ignore that submission. 7. Therefore, taking into consideration of the total compensation awarded, we find that the income of the deceased could be estimated at Rs.2,400/- and if one third is deducted, Rs.1,600/- should be taken as multiplier. On re- working the total amount as above, it will come to Rs.3,26,400/- as against Rs.2,44,800/-. Therefore, the appellants are entitled for the balance compensation of Rs.81,600/-. Besides, the appellants are not given any M.A.C.A. No. 107 of 2008 4 compensation towards love and affection and hence we award an amount of Rs.20,000/-, and an additional amount of Rs. 2500/- is also awarded as compensation towards loss of estate, and thus the additional amount of Rs.1,04,100/- is granted as enhanced compensation. The Tribunal has awarded only 6% interest and we increase the same to 7% per annum. 8. Accordingly, the entire awarded amount including the enhancement given by us, carry interest at the rate of 7% per annum. The balance amount less what is deposited, will be deposited by the insurance company/the third respondent, before the Tribunal within six weeks from the date of receipt of a copy of this judgment. In the result, petition is partly allowed. P.R.RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE nl