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 18TH MAY 2010 / 28TH VAISAKHA 1932 MACA.No. 82 of 2007() ---------------------------------- OPMV.571/1997 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANTS/PEITIONERS ------------------------ 1. SHEELA, AGED 35 YEARS, W/O LATE MURALILDHARAN, SANKARATHUKADU HOUSE, MARUTHARODE POST, MARUTHARODE VILLAGE, PALAKKAD DISTRICT. 2. SREENATH, MINOR AGED 15 YEARS, S/O.LATE MURALIDHARAN, REP.BY GUARDIAN MOTHER 1ST PETITIONER RESIDING AT SANKARATHUKADU HOUSE, MARUTHARODE POST, MARUTHARODE VILLAGE, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY SRI.S.SANTHOSH RESPONDENT(S): ----------------------- 1. A.MURUKESAN, AGED 45 YEARS, S/O ANDI, CHINGATTUKULAMBU VEEDU, THATHAMANGALAM POST, PALAKKAD DITRICT. 2. M.SUNIL, S/O.K.MADHAVAN, P.W.D. CONTRACTOR, THATHAMANGALAM POST, PALAKKAD DIST. 3. UNITED INIDA INSURANCE CO.LTD., NENMAR POST, PALAKKAD DISTRICT. 4. V.CHANDRIKA, W/O.LATE KASI, ANTHAGANKADU HOUSE, BANGLE STREET, PUTHUNAGANAM P.O., PERUUVEMBA VILLAGE, PALAKKAD DISTRICT. R1 & R2 BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE R1 & R2 BY ADV.SRI.T.C.SURESH MENON R3 BY SRI.JOHN JOSEPH VETTIKAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/05/2010 THE COURT ON 18/05/2010 THE SAME DAY DELIERED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== M.A.C.A. No. 82 of 2007 =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== Dated this the 18th day of May, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.571 of 1997 of the Motor Accidents Claims Tribunal, Palakkad challenge the judgment and award of the Tribunal datedJuly 15, 2006 awarding a compensation of Rs.3,46,159/- for the loss caused to the claimants, on account of the death of Muraleedharan in a motor accident. 2. The facts leading to this appeal, in brief, are these:- Deceased Muraleedharan was aged 35 at the time of the accident and was working as a Grade-II Helper in M/s. Malabar Cement Company and was drawing a salary of Rs.4,103/- per month, according to the claimants. On August 22, 1996 at about 4.,30 p.m. Muraleedharan was riding a motor cycle bearing registration No. KRP 9707 from Pudunagaram to Palakkad. First and second claimants who are his wife and child were pillion riding on the motor MACA 82/2007 2 cycle. When they reached near Peruvembu Junction, a lorry bearing registration No.KLZ 2379, driven by the first respondent came at a high speed from the opposite side and dashed against the motor cycle. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. According to the claimants, the accident occurred due to the rash and negligent driving of the offending lorry by the first respondent. The first respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending vehicle are jointly and severally liable to pay the compensation to the claimants. The claimants claimed a compensation of Rs.8,92,000/-. 3. Respondents 1 and 2, the driver and owner of the offending lorry filed written statement, admitting the accident, but contending that the accident occurred due to the negligence on the part of the deceased. The third respondent Insurance Company filed a written statement, admitting the policy. MACA 82/2007 3 4. PWs.1 and 2 were examined and and Exts. A1 to A13 were marked on the side of the claimants. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.3,46,159/- with interest at the rate of 6% p.a. from the date of petition till realization. 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 learned 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 first respondent, driver of the offending lorry, is not challenged in this appeal. Therefore, the only question which arises for consideration in this appeal is whether the claimants are entitled to any enhanced compensation? 7. The Tribunal awarded a total compensation of Rs.3,46,159/-. The break up of the compensation awarded MACA 82/2007 4 is as under:- Loss of income : Rs.2,88,000/- Transportation : Rs. 2,000/- Funeral expenses : Rs. 2,000/- Pain and suffering : Rs. 20,000/- Loss of consortium : Rs 25,000/- Damage to vehicle : Rs. 9,159/- ------------------ Rs.3,46,159/- ======== 8. The learned counsel for the claimants sought enhancement of compensation awarded for loss of dependency. The Tribunal took the income of the deceased as Rs.24,000/- per annum and after deducting 1/3rd for his personal expenses Rs.16,000/- per annum was taken as contribution to the family and adopted a multiplier of 18 and awarded Rs.2,88,000/- for the loss of dependency. The claimants produced Ext.A12, salary certificate issued from the Malabar Cement Company, before the Tribunal. It shows that the deceased was working ass Grade-II Helper and was earning Rs.4,412/- per month. Therefore, we feel that the monthly income of the deceased can reasonably be estimated as Rs.4,000-/, which works out Rs.48,000/- per MACA 82/2007 5 annum. After deducting 1/3rd for his personal expenses, yearly contribution to the family works out to Rs.32,000/-. The Tribunal took the multiplier of 18, which is not seriously challenged. Thus, calculated for the loss of dependency, the claimants are entitled to Rs.5,76,000/-. Thus, on this count, the claimants are entitled to an additional compensation of Rs.2,88,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 9. In the result, the claimants are found entitled to an additional compensation of Rs.2,88,000/-. They are entitled to interest at 7.5 % per annum from the date of petition till realization. For the compensation already awarded also the claimants are entitled to interest at 7.5% per annum, instead of 6% per annum granted by the Tribunal. The third respondent, being the insurer of the offending vehicle, shall MACA 82/2007 6 deposit the amount within two months from the date of receipt of copy of this judgment before the Tribunal with notice to the claimants. The claimants are entitled to proportionate costs. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn