IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 MACA.No. 1728 of 2007(F) ------------------------------------- [O.P(M.V).NO.443/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA] .................... APPELLANTS/CLAIMANTS: --------------------------------------- 1. LALI VARGHESE, 39 YEARS, W/O LATE VARGHESE, 2. PRINCE VARGHESE, AGED 18 YEARS, S/O -DO-, 3. BIBIN VARGHESE, AGED 14 YEARS, S/O -DO- (MINOR), 4. ROSAMMA, W/O CHACKO, (MONOR 3RD APPELLANT IS REPRESENTED BY HIS GUARDIAN AND MOTHER LALI VARGHESE,1ST APPELLANT) ALL ARE RESIDING AT EDATHIL, THONDANKULANGARA, ALAPPUZHA. BY ADV. SRI.R.SUDHISH. RESPONDENT/RESPONDENTS: --------------------------------------------- 1. RAJ KUMAR, S/O MADHAVAN, MANGALATHU HOUSE, PUNNAPRA, ALAPPUZHA. 2. BIJU, S/O NATESAN, VIJAYABHAVAN, VANDANAM, ALAPPUZHA. 3. NATIONAL INSURANCE CO. LTD., REP. BY ITS MANAGER, CHANGANASSERY BRANCH, ALAPPUZHA. R3 BY ADV. SRI.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------------------------- M.A.C.A.No. 1728 OF 2007 --------------------------------------------- Dated this the 29th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV) No.443/2000 on the file of the Motor Accidents Claims Tribunal, Alappuzha. They are the wife, two minor children and the mother of deceased Vargheese who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated December 30, 2001 awarding a compensation of Rs.2,28,500/- for the loss caused to them on account of the death of deceased in that accident. 2. The accident happened on February 11, 2000 at about 1.45 p.m. While the deceased was cycling along the Thaneermukkom-Alappuzha road and when he reached near Zilla Court Bridge South Junction, Alappuzha, he was knocked down by a bus bearing registration No.KEO-212. He sustained serious injuries and he succumbed to the injuries sustained at 8.45 p.m. while undergoing treatment in the Medical College Hospital, Alappuzha. Alleging negligence against the 2nd respondent, the driver of the bus, MACA No.1728/2007 -2- the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.6,25,000/-. 3. Respondents 1 and 2, the owner and driver of the offending bus remained absent before the Tribunal. The 3rd respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A7 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to negligence on the part of the 2nd respondent and awarded a compensation of Rs.2,28,500/- with interest @6% per annum and proportionate costs. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the 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 2nd respondent and that the deceased died as a result of the injuries sustained in the accident are not MACA No.1728/2007 -3- seriously 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.2,28,500/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,92,000/- Medical expense - Rs. 1,000/- Transportation - Rs. 500/- Funeral expenses - Rs. 3,000/- Pain and suffering - Rs. 15,000/- Loss of consortium - Rs. 7,000/- Loss of love and affection - Rs. 10,000/- Total Rs.2,28,500/- ======== 8. Counsel for the claimants sought enhancement of compensation for loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.1,500/-, after deducting 1/3 for his personal expenses took the balance amount of Rs.1,000/- as his monthly contribution to his family and adopted a multiplier of 16 as the deceased was aged 38 at the time of accident and awarded Rs.1,92,000/- for loss of dependency. MACA No.1728/2007 -4- 10. According to the claimants deceased was a casual labourer as well as a Harmonist earning Rs.5,000/- per month. Exhibit A6 is the certificate issued by the Proprietor, John's Umbrella Mart stating that deceased was a casual labourer earning Rs.150/- per day. Taking into consideration of the above aspect we feel that his monthly income can be reasonably fixed as Rs.3,000/-. As the deceased was aged 38. The proper multiplier is that can be adopted in this case is 15. 11. There are four dependents of the deceased. Therefore, in the light of the principles laid down by the Supreme Court in Sarala Verma V . Delhi Transport Corporation (AIR 2009 (3) SC 487), only 1/4th need be deducted for the personal expenses of the deceased. Thus the annual contribution of the deceased to the family comes to Rs.27,000/- (Rs.36,000 - 9,000=27,000/-) Thus calculated for the loss of dependency the claimants are entitled to a compensation of Rs.4,05,000/- (Rs.27,000/- x 15). Therefore, on this count the claimants are entitled to an additional compensation of Rs.2,13,000/-. As regards the compensation awarded under other heads, we find the same MACA No.1728/2007 -5- to be reasonable and therefore are not disturbing the same. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 2,13,000/-. 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 realisation on the compensation already awarded and for the enhanced compensation and also proportionate costs. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of the copy of this judgment with intimation to the claimants. The award of the Tribunal is modified to the above extent. The Appeal is disposed of as found above. Sd/- A.K. BASHEER, JUDGE. Sd/- P.Q. BARKATH ALI, JUDGE. AMG True copy P.A to Judge