IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 MACA.No. 1134 of 2006() ----------------------- O.P.(MV) 287/2002 OF M.A.C.T, KOTTAYAM APPELLANT(S): APPELLANT/PETITIONERS ----------------------------------- 1. T.K.RAJAGOPALA PANICKER, S/O.KARUNAKARA PANICKER, KAROTTUTUTHAZHATHU HOUSE, ETTUMANOOR. 2. RETNAMMA @ PONAMMA, W/O.T.K.RAJAGOPALA PANICKER, KAROTTUTUTHAZHATHU HOUSE,ETTUMANOOR. BY ADV. SRI.P.M.KUNJIMOIDEENKUTTY RESPONDENT(S): RESPONDENTS -------------------------- 1. P.T.S.NARAYANA KUMAR, S/O.P.T.SHANMUGHAM M/S.SREE SAY RAM TRANSPORT FIRM,HOUSE NO.66 D, MADURAI ROAD, THIRUNELVELI JUNCTION. 2. M.MURUKESAN, S/O.MANICKAN, HOUSE NO.62, ARASSADI VINAYAKA KOVIL, THERUVU, PETTA, THIRUNELVEL-4. 3. NATIONAL INSURANCE CO.LTD., 37-CSN HIGH ROAD, THIRUNALVELI JUNCTION, REPRESENTED BY DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD.,KOTTAKAUAM. ADV. SRI.M.A.GEORGE FOR R-3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.A.C.A.No.1134 of 2006 ---------------------------------------- Dated this the 8th day of August 2011 J U D G M E N T R.BASANT,J Claimants are the appellants. They are the parents of a young man, unmarried, aged 26 years. They claimed compensation for loss suffered by them on account of the death of their son, who succumbed to injuries suffered by him in a motor accident which took place on 17/2/2002. Against a total claim of Rs.7,00,000/-, the tribunal awarded only an amount of Rs.2,11,868/- as per the details given below. Compensation for loss of dependency : Rs.1,66,368/- (Rs.2,500/- x 12 x 2/3 x 4) plus (Rs.800 x 12 x 9) Transport to hospital : Rs.2,500/- Damage to clothing : Rs.500/- Funeral expenses : Rs.2,500/- Pain and suffering : Rs.5,000/- Compensation for love and affection : Rs.15,000/- Loss of estate : Rs.10,000/- Loss of expectation : Rs.10,000/- ------------------ Total : Rs.2,11,868/- ======== M.A.C.A.No.1134 of 2006 2 The amount was directed to be paid along with interest at the rate of 6% per annum.The challenge is directed only against the quantum of compensation. 2. We have heard the learned counsel for the appellants and the learned counsel for the insurance company. Called upon to explain and be specific, the learned counsel for the appellants first of all contends that the quantum of monthly income reckoned by the tribunal is grossly inadequate. The deceased was a young man aged about 26 years. He was a business man in flower. The tribunal erred grossly in reckoning only Rs.2,500/- as the monthly income. The deceased was not married. The tribunal erred in reckoning differential multiplicand for the period before and after the date of probable marriage of the deceased. The learned counsel for the insurance company immediately points out that following the dictum in Sarla Verma v. Delhi Transport Corporation [2009 (6) SCC 121] one half ought to have been deducted uniformly as the amount required for personal expenses of the deceased. The tribunal had reckoned Rs.1,666/- (Rs.2,500/- x 2/3) as the monthly contribution to the parents till the date of probable M.A.C.A.No.1134 of 2006 3 marriage at 30 years and Rs.800/- as the contribution thereafter. 3. Having rendered our anxious consideration to all the relevant inputs, we are of the opinion that Rs.3,500/- can be reckoned as the monthly income. One half can be deducted towards the personal expenses of the deceased and 13 can be reckoned as the multiplier considering the age of the claimants. We are, further satisfied that the compensation awarded under the head of funeral expenses can be raised to Rs.5,000/-. We are, at the same time, not satisfied that the amount of Rs.10,000/- awarded under the head of loss of expectation is justified as per law. 4. We do, in these circumstances, come to the conclusion that the appellants are entitled to a further amount of Rs.99,132/- in addition to the amount already awarded as per details given below. Compensation for loss of Rs.1,06,632/- dependency [2,73,000/-(Rs.3,500/- x 12 x ½ x 13) minus Rs.1,66,368/-] Add Funeral expenses Rs.2,500/- -------------------- Rs.1,09,132/- M.A.C.A.No.1134 of 2006 4 Less Loss of expectation 10,000/- ------------------- Total Rs.99,132/- ======== 5. Interest has been awarded only at the rate of 6% per annum. The learned counsel for the appellants submits and we agree that interest ought to have been awarded atleast at the rate of 7.5% per annum. 6. In the result, a) This appeal is allowed in part. b) Appellants are found entitled to a further amount of Rs.99,132/- (Rupees ninety nine thousand one hundred and thirty two only) along with interest at the rate of 7.5% per annum from the date of the petition to the date of deposit/realisation as directed by the tribunal. c) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.1134 of 2006 5 M.A.C.A.No.1134 of 2006 6 M.A.C.A.No.1134 of 2006 7 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010