IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 MACA.No. 402 of 2004() ---------------------- OPMV.1555/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALLEPPEY .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. KAMALUDEEN @ KAMAL, F/O DECEASED ABDUL SATHAR @ SATHAR, LEKSHOM VEEDU, KAKKAZHAM MURI AMBALAPPUZHA VILLAGE, AMBALAPPUZHA TALUK ALAPPUZHA 2. NABEESA, W/O DECEASED ABDUL SATHAR @ SATHAR - DO - -DO- BY ADV. SRI.MOHAN IDICULLA ABRAHAM RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. THIRU LEKSHMONA PILLAI, S/O THIRU MUTHU IRALAPPA PILLAI, KANAKA SABAPTHI PILLAI STREET TUTICORIN, TAMIL NADU, 2. XAVIER, S/O ANTONY, DRIVER, BALAMURUKA BUS CO.LTD TUTICORIN, TAMIL NADU 3. THE ORIENTAL INSURANCE CO. LTD, REP. BY ITS BRANCH MANAGER, ALAPPUZHA 4. BASHEER, VRIKSHA VILASAM THOPPU, VANDANAM ALAPPUZHA ADV. SRI.P.VIJAYA BHANU FOR R4 SRI.M.GEORGE THOMAS FOR R4 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.402 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August,2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV)No.1555/1997 on the file of Motor Accidents Claims Tribunal, Alleppey. They are the parents of deceased Abdul Sathar who died in a motor accident that occurred on December 26, 1995 at about 8 p.m. The accident happened while the mini lorry bearing Reg.No.KEK 5358 driven by the deceased collided head on with the bus bearing Reg.No.TN 69/9559 on the Tuticorin-Thirunalveli-Palayamkottai road. The deceased sustained fatal injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. 2. Alleging negligence against the second respondent, the driver of the bus, the claimants filed the O.P. before the Tribunal under Section 163 A of Motor Vehicles Act claiming a compensation of Rs. 10 lakhs. The cleaner of the mini lorry and one Gopi who took the mini lorry on rent also died in the accident. MACA.No.402/2004 2 3. Respondents 1 and 2, the owner and the driver of the bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus, filed a written statement admitting the policy of the bus, but contended that there was also negligence on the part of the deceased. Fourth respondent is the owner of the mini lorry . He was only a formal party in the O.P. 4. This O.P. was jointly tried along with four other O.Ps. filed by the two other injured persons in the accident as well as the legal heirs of other deceased persons and a common award was passed. Pws 1 to 5 were examined and Exts.A1 to A35 were marked on the side of the claimants in all the O.Ps. RW1 was examined and Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 2,08,500/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants and the MACA.No.402/2004 3 counsel for the Insurance Company. 6. The accident is not disputed. As this was a claim under Section 163 A of Motor Vehicles act, the question of negligence does not arise in this case. 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. 2,08,500/-. The break up of the compensation awarded is as under : Loss of dependency - Rs. 2,04,000/- Funeral expenses - Rs. 2,000/- Loss of estate - Rs. 2,500/- 8. Counsel for the claimant sought enhancement of the compensation for the loss of dependency. 9. The Tribunal took the annual income of the deceased as Rs.18,000/- and assessed the compensation as per the Second Schedule to Motor Vehicles Act as Rs.3,06,000/-. As the claimant was aged 26 at the time of the accident, after deducting 1/3 for his personal expenses, the balance amount of Rs. 2,04,000/- was awarded towards loss of dependency. PW4, the father of the deceased has testified that MACA.No.402/2004 4 deceased was employed as a driver of the lorry and used to earn Rs.3,000/- per month. It is not disputed that deceased was a lorry driver. Therefore, we feel that the monthly income of the deceased can be reasonably fixed at Rs.3,000/-. After deducting 1/3 for his personal expenses, the balance amount of Rs. 2,000/- can be taken as his monthly contribution to his family which works out to Rs. 24,000/- per annum. The deceased was a bachelor aged 26 and his father was aged 48 at the time of accident. Therefore, the multiplier that can be adopted in this case is 13 as seen from Second Schedule to Motor Vehicles Act. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.3,12,000/- ( 24,000 x 13). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,08,000/-. As regards 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 appears to be very low. The claimants are entitled to interest @ 7.5% per annum from the date of MACA.No.402/2004 5 petition till realisation for the compensation already awarded and also for the enhanced compensation. 11 In the result, the claimants are found entitled to an additional compensation of Rs. 1,08,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation 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 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. MACA.No.402/2004 6 MACA.No.402/2004 7