IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 MACA.No. 2340 of 2007() ---------------------------------- (AGAINST THE AWARD DATED 20-6-2007 OF THE PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE IN OPMV NO.40/2001) ......................... APPELLANT(S): PETITONERS: ------------------------------------------ 1. ALI.CK., AGED 63 YEARS, S/O. KUNHAMMED CHAKKALAKANDIYIL HOUSE, MYLLALAMPARA POST KOZHIKODE. 2. RUKKIYA P.V. AGED 54 YEARS, W/O. C.K.ALI DO...DO.. 3. P.V.ABDUL ALI @ ABDULLA AGED 38 YEARS, S/O. E. ABDULLAKUTTY PUTHANVEETTIL HOUSE, MYLLALAMPARA POST THAMARASSERY, KOZHIKODE. 4. SHAMEEM, AGED 17 YEARS (MINOR) S/O. P.V.ABDUL ALI @ ABDULLA DOB 1/11/1994, -DO- 5. JASEEM, AGE 12 YEARS (MINOR) S/O. P.V.ABDUL ALI @ ABDULLA, 6. NASEEM, AGED 9 YEARS (MINOR) S/O.P.V.ABDUL ALI @ ABDULLA, (MINOR PETITIONERS 4 TO 6 REPRESENTED BY FATHER AND GUARDIAN THE 3RD APPELLANT) BY ADV. SRI.V.N.RAMESAN NAMBISAN. RESPONDENT(S): RESPONDENT NO.2 IN O.P. (MV) ------------------------------------------------------------------------- THE ORIENTAL INSURANCE CO. LTD BRANCH OFFICE, MANJERI, JASEELA COMPLEX, MANJERI. BY ADV. SRI.VPK.PANICKER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.2340 of 2007-F ---------------------------------------------- Dated, this the 17th day of August, 2009 J U D G M E N T K.M.Joseph, J. Appellants are the parents, husband and three minor children of deceased Amina who met with an accident on 22.10.2000. We heard the learned counsel for the appellants and learned counsel for the insurance company. The appellants stands awarded a sum of Rs.2,34,000/-. The break up is as follows: Dependency Rs.2,16,000/- Pain and suffering 5,000/- Love and affection 10,000/- Funeral expenses 2,000/- Transportation 1,000/- ----------------- Total 2,34,000/- ------------------ 2. Learned counsel for the appellants would contend that the Tribunal has erred in taking the income at Rs.1,500/-. They were prepared to produce documents. The accident took place on 22.10.2000. We feel that we can take the income of the deceased at Rs.2,000/- per month. The MACA 2340/2007 -2- multiplier to be taken is 17 in view of the judgment of the Apex Court in Sarla Verma and others vs. Delhi Transport Corporation and another {2009 ACJ 1298 }. We further notice that since there were 4 dependants only one-fourth is to be reduced from the income. In such circumstances, the appellants would be entitled to Rs.3,06,000/-. After deducting the amount already granted the appellants would be entitled to Rs.90,000/- more. We find merit in the contention of the learned counsel for the appellants that no amount is awarded towards loss of consortium. We award a sum of Rs.10,000/- towards loss of consortium. The learned counsel for the appellants contended that Rs.5,000/- awarded towards pain and suffering is inadequate. We see no merit in the said contention. The learned counsel also contends that the amount awarded towards transportation charges is low. Having regard to the actual transport we award Rs.2,000/- more towards the same. Though the learned counsel for the appellants raised a contention that there is loss of gold sovereign we see no material for the same. There is no oral evidence adduced by the appellants. The said contention is MACA 2340/2007 -3- therefore rejected. Accordingly, the appeal is allowed in part and the appellants are entitled to realise Rs.1,02,000/- more with interest at 7.5 percent from the date of the petition till date of realisation from the respondent. Learned counsel for the appellants contended that the interest awarded on the amount is low. Learned counsel for the insurance company opposed the grant of additional interest. We are of the view that the appellants ought to have been granted interest at 7.5 percent on the amount already awarded also. Accordingly, appellants are entitled to realise interest at 7.5 percent from the date of the petition till date of realisation on the amount already awarded. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS