IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 MACA.No. 444 of 2004() ---------------------- OPMV.1958/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANTS - PETITIONERS -------------------------------------- 1. PRAMEELA P., W/O.LATE PRAKASH ATTUPURATHU HOUSE, KANJIKUZHY VILLAGE, CHERTHALA TALUK. 2. PRASHANT, S/O.PRAKASH (MINOR) 3. PRATHEESHA, D/O. DO (MINOR) 4. M.N.VIJAYAN, S/O.NARAYANAN, DO. DO. 5. TULASI, W/O.VIJAYAN, DO. DO. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS -------------------------- 1. SHEKARA POOJARY, S/O.BABU POOJARY, BARAMELU HOUSE, KAVALKATTU BANT WALA.P.O. KARNATAKA STATE. 2. REMIA SOLD LANA, S/O.CYRIL SOLD LANA, ST.ANTONY MOTOR NEAR VALANTTINA CHURCH, MANGALORE. 3. THE ORIENTAL INSURANCE CO. LTD., BEATEL PLAZA, BALMATHA MANGALORE. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.444 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1958/1999 on the file of the Motor Accidents Claims Tribunal, Alappuzha. They are the wife, two minor children and parents of deceased Prakash who died in a motor accident. In this appeal, they challenge the judgment and award of the Tribunal dated June 16, 2003 awarding a compensation of Rs. 3,11,000/- for the loss caused to them on account of the death of deceased in a motor accident. 2. On June 5, 1998 at about 2 p.m., while the deceased was travelling in the bus bearing Reg.No.KA 19A/280 from Hampankatta Padiri in Mangalore district and reached near the traffic island, due to the negligence of the driver of the bus, the first respondent, the deceased thrown on the road and the back wheel of the bus ran over his body. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on June MACA.No.444/2004 2 18, 1998. Alleging negligence against the driver of the bus, the claimants filed the OP under Section 166 of the Motor Vehicles Act claiming a compensation of Rs.8,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A16 were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.3,11,000/- 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 the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.444/2004 3 that the accident occurred due to the negligence on the part of the driver of the bus 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.3,11,000/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.2,44,800/- Loss of consortium - Rs. 15,000/- Loss of love and affection - Rs. 15,000/- Loss to estate - Rs. 10,000/- Medical bills - Rs. 7,198/- Transportation - Rs. 6,000/- Funeral expenses - Rs. 3,000/- Pain and suffering - Rs. 10,000/- 8. The Counsel for the claimants sought enhancement of the compensation for the loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.1800/- which works out to Rs. 21,600/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs.14,400/- was taken was his annual contribution to his family. The Tribunal adopted a multiplier of 17 and awarded Rs. 2,44,800/- for the loss of dependency. Deceased was a toddy tapper at Mangalore earning Rs. 4,500/- per MACA.No.444/2004 4 month, according to the claimants. Taking into consideration that aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,000/- which comes to Rs. 36,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 24,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 17 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 4,08,000/- ( 24,000 x 17). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,63,200/-. 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 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 MACA.No.444/2004 5 additional compensation of Rs. 1,63,200/-. 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. 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.444/2004 6