IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 MACA.No. 241 of 2006(F) ----------------------------------- (O.P(MV).NO.2385/1997 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE) .................... APPELLANT/CLAIMANT: ----------------------------------- 1. FRANCINA LAZAR, W/O.C.JOSEPH, RESIDING AT PARAKKATTIL HOUSE, NEAR KOYA ROAD, WEST HILL, KOZHIKODE. 2. ANTONY.C.J, S/O.JOSEPH, DO. DO. 3. MARY THERESIA, D/O.JOSEPH, DO. DO. 4. C.J.SICILLY JISA, D/O.JOSEPH, DO. DO. BY ADV. SRI.VINOD VALLIKAPPAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE MANAGING PARTNER, M/S.SHAJU MOTOR SERVICE, NEAR BUS STAND, KANNUR. 2. V.G.CHANDRAN, S/O.GOVINDAN, KANIYAMKUNNUMMAL HOUSE, NELLIKODE, KOVOOR, KOZHIKODE. 3. M/S.THE UNITED INDIA INSURANCE CO. LTD., P.B.NO.52, FORT ROAD, KANNUR. R1 BY ADV. SRI.O.D.SIVADAS, R3 BY ADV. SRI.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 241 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 24th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.2385 of 1997 of the Addl. Motor Accidents Claims Tribunal, Kozhikode who are the mother, brother and sisters of deceased Vincent challenge the judgment and award of the Tribunal dated October 6, 2005 awarding a compensation of Rs.1,93,000/- for the loss caused to them, on account of the death of Vincent in a motor accident. 2. The facts leading to this appeal, in brief, are these:- Deceased Vincent was aged 26 at the time of the accident and was employed as a Peon-cum-Helper in St. Joseph's Boys' High School, Kozhikode and was drawing a salary of Rs.3,200/- per month. On October 12, 1997 at about 6. 15 p.m. deceased Vincent was travelling in a jeep bearing registration No. KL-11/A-8188 along the byepass road MACA 241/2006 2 towards Koduvally. When he reached in front of Co-operative Hospital, Eranhipalam, a bus bearing registration No. KL-13/A- 4919, driven by the second respondent, came from the opposite side and dashed against the jeep of the deceased. Deceased Vincent sustained serious injuries and he succumbed to the injuries while undergoing treatment in Medical College Hospital, Kozhikode on October 13, 1997. Claimants are his mother, brother and sisters. According to the claimants, the accident occurred due to the negligence on the part of the second respondent, driver of the offending bus. The first respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending bus are jointly and severally liable to pay the compensation to the claimants who are the legal heirs and dependents of the deceased. The claimants claimed compensation of Rs.3 lakhs. 3. Respondents 1 and 2, owner and driver of the offending bus, remained absent before the Tribunal. The third respondent, insurer of the offending bus, filed a written statement, admitting the policy and further contended that there was also negligence MACA 241/2006 3 on the part of the driver of the jeep. 4. Exts. A1 to A7 were marked on the side of the claimants. No evidence was adduced by contesting third respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.1,93,000/- with interest at the rate of 6% p.a. from the date of petition till realization and costs. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimants and the learned counsel for 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 second respondent, driver of the offending 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.1,93,000/-. Break up of the compensation awarded is as under:- MACA 241/2006 4 Loss of dependency : Rs.1,80,000/- Funeral expenses : Rs. 3,000/- Pain and suffering : Rs. 5,000/- Loss of estate : Rs. 5,000/- ------------------ Total : Rs.1,93,000/- ======== 8. The learned counsel for the appellants mainly sought enhancement of compensation awarded by the Tribunal for the loss of dependency, pain and suffering and loss of love and affection. He submitted that no compensation was awarded for loss of love and affection. 9. The Tribunal took the income of the deceased as Rs.15,000/- per annum and after deducting 1/3 for his personal expenses, took Rs.10,000/- as his annual contribution to his family and adopted a multiplier of 18 and awarded a compensation of Rs.1,80,000/- for loss of dependency. The deceased was working as a Peon in St. Joseph's Boys' High School, Kozhikode. Therefore, we feel that his monthly income can reasonably be fixed at Rs.2,500/-, which works out Rs.30,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.20,000/- per annum can be taken MACA 241/2006 5 as his contribution to his family. The multiplier adopted by the Tribunal is 18, which appears to be slightly higher. The deceased was aged 26 at the time of the accident. The first claimant mother was aged 47 at that time. Claimants 2 to 4 were aged 27, 21 and 19 respectively at that time. Therefore, we feel that a multiplier of 15 would be reasonable in this case. Thus considered the compensation for the loss of dependency would come to Rs.3,00,000/- (Rs.20,000/- x 15). The claimants are entitled an additional compensation of Rs.1,20,000/- on this count. 10. For pain and suffering a compensation of Rs.5,000/- was awarded by the Tribunal, which appears to be very low. Taking into consideration the fact that only on the next day the deceased died, we feel that a compensation of Rs.10,000/- would be reasonable on this count. 11. No compensation was awarded towards the loss of love and affection. Taking into consideration the age of the deceased, we feel that a compensation of Rs.15,000/- would be reasonable for loss of love and affection. As regards the compensation MACA 241/2006 6 awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. 12. In the result, the claimants are entitled to an additional compensation of Rs.1,40,000/-. The Tribunal awarded interest @ 6% per annum, which appears to be very low. The claimants are entitled to interest at 7.5% per annum for the compensation already awarded and for the enhanced compensation from the date of petition till realization. They are also entitled to proportionate cost. The third respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment. In the result, the appeal is disposed of as above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.