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 28TH JUNE 2011 / 7TH ASHADHA 1933 MACA.No. 1242 of 2007() ----------------------- OPMV.504/1998 of II ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): APPELLANTS/PETITIOENRS ------------------------------------ 1. VIJAYAN, S/O JANARDHANAN, LEENA NILAYAM, VALATHUNGAL, ERAVIPURAM, KOLLAM. 2. MALINI, D/O KUNJUKUNJU, LEENA NILAYAM, VALATHUNGAL, ERAVIPURAM, KOLLAM. 3. BIJI, D/O MALINI, LEENA NILAYAM, VALATHUNGAL, ERAVIPURAM, KOLLAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS/ RESPONDENTS -------------------------- 1. RAVEENDRAN PILLAI, S/O RAGHAVAN PILLAI, CHOTHI, THAZHAVA, KARUNAGAPPALLY, KOLLAM. (OWNER OF THE MINI LORRY) 2. VISWANATHAN PILLAI, S/O GOPINATHAN PILLAI, PANACKAL, PADINJATTATHIL, THAZHAVA, KARUNAGAPPALLY, KOLLAM. (DRIVER OF THE MINI LORRY) 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., MATTANCHERY BRANCH, ERNAKULAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1242 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)504/1998 on the file of the II Addl. Motor Accidents Claims Tribunal, Kollam. They are the parents and bother of deceased Vimal who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated November 15, 2006 awarding a compensation of Rs.1,37,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On October 26, 1997 at about 1.30 p.m., while the deceased was waiting for the bus near Nallazhathu mukku near Chavara on the Kollam-Alappuzha NH, he was knocked down by a mini lorry bearing Reg.No.KL 7L/2781 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the mini lorry, the claimants filed the OP under MACA.No.1242/2007 2 Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending mini lorry remained absent before the Tribunal. The third respondent, the insurer of the offending mini lorry filed a written statement admitting the policy, but denied the liability. 4. PW1 was examined and Exts.A1 to A10 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.1,37,000/- with interest at the rate of 6% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard counsel for the appellants/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 MACA.No.1242/2007 3 driver of the mini lorry 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.1,37,000/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,10,000/- Funeral expenses - Rs. 10,000/- Transportation - Rs. 1,000/- Damage to clothing - Rs. 1,000/- Loss of estate - Rs. 10,000/- Pain and suffering - Rs. 5,000/- 8. Counsel for the claimants sought enhancement of compensation awarded for loss of dependency and on other heads. 9. The deceased was a boy aged 15. The Tribunal took the notional annual income of the deceased as Rs.15,000/-. After deducting 1/3 for his personal expenses, the balance amount of Rs. 10,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 11 and awarded Rs. 1,10,000/- for loss of dependency. Taking into consideration the fact that the deceased was a boy aged 15, we feel that the monthly income of the MACA.No.1242/2007 4 deceased can be reasonably fixed at Rs. 2,000/- which comes to Rs. 24,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 16,000/- can be taken as his annual contribution to his family. The proper multiplier that has to be adopted in this case is 16. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 2,56,000/- ( 16,000 x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,46,000/-. 10. No compensation is seen awarded for loss of love and affection. Taking into consideration the fact that deceased was the only son of claimants 1 and 2, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. 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 petition till realisation for the compensation already awarded and also MACA.No.1242/2007 5 for the enhanced compensation. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 1,66,000/-. 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. They are also entitled to 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. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 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. 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