IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.CHITAMBARESH TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 MACA.No. 1463 of 2011() ----------------------- OPMV.1372/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONERS ------------------------- 1. K.GEETHA, W/O.(LATE RAGHAVAN NAIR, AGED 40 YEARS. 2. RAMYA (MINOR), AGED 15 YEARS, DATE OF BIRTH 28-9-1993. 3. SOUMYA (MINOR), AGED 14 YEARS, DATE OF BIRTH 19-3-1995. 4. RAHUL (MINOR) AGED 5 YEARS, DATE OF BIRTH 25-11-2002. (MINORS ARE REPRESENTED BY THEIR MOTHER AND LEGAL GUARDIAN K.GEETHA, ALL ARE RESIDING AT EDATHIL PURAYIL HOUSE, P.O.NEDIYANAD, VIA.KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. ASHRAF, S/O.K.AHMMED, AGE NOT KNOWN, KANDINILATH HOUSE, 15/482, P.O.VELLIPARAMBA, KOZHIKODE. 2. P.RIYAS, S/O.P.MUHAMMED, AGED 36 YEARS, RESIDING AT PANTHATIINGAL HOUSE, P.O.PERUMANNA, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, I.P.B.NO.533, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. STANDING COUNSEL ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08.11.2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & V. CHITAMBARESH, JJ -------------------------------------------- M.A.C.A. NO. 1463 OF 2011 ------------------------------------ Dated this the 8th day of November, 2011. JUDGMENT Basant, J. Claimants are the appellants. They are the wife and three minor children of deceased person, who was aged 52 years and was employed as a cook in the mental hospital at Calicut. The accident took place on 27.05.2008. The deceased succumbed to the injury thereafter on the same day. Against the total claim of Rs.8 lakhs, the tribunal awarded an amount of Rs.3,43,500/- as compensation as per the details given in paragraph 12 of the impugned award which we extract below. SL. No. Head of claim Amount claimed Amount awarded 1 Transport 1000/- 1000/- 2 Damage to clothing 1,000/- 500/- 3 Pain and sufferings of victims 35,000/- 10,000/- 4 Funeral expenses 5000/- 3000/- 5 Loss of love and affection 30,000/- 10,000/- 6 Loss of estate Nil Nil 7 Loss of consortium 35,000/- 10,000/- 2 MACA No. 1463/2011 SL. No. Head of claim Amount claimed Amount awarded 8 Loss of dependency 6,00,000/- 3,08,000/- 9 Medical expenses 8000/- 1000/- Total 3,43,500 2. We have heard the learned counsel for the appellants and the learned counsel for the insurance company. Challenge is raised against impugned award on the short ground that the quantum of compensation awarded is not adequate. 3. Called upon to explain and be specific, the learned counsel for the appellants submits that the amounts of Rs.3,000/- Rs.10,000/- and 10,000/- respectively awarded under the head of funeral expenses, loss of love and affection and loss of consortium are totally inadequate. The learned counsel for the appellant next contends that in the light of the dictum in Sarla Varma & another Vs. Delhi Transport Corporation [2009 (6) SCC 121], only ¼ and 1/3 should have been deducted towards the personal expenses of the deceased. A nuclear family of five members was depending on his income. 4. We find merit in the grievances raised. We are satisfied that funeral expenses can be enhanced to Rs.5,000/-, 3 MACA No. 1463/2011 compensation for love and affection can be enhanced to Rs.15,000/- and compensation for loss of consortium can be enhanced to Rs.20,000/-. We are satisfied that only ¼ need be deducted from the monthly income of the deceased towards his personal expenses. 5. On the basis of the above discussions, we come to the conclusion that the appellants are entitled for a further amount of Rs. 55,500/- (Rupees Fifty five thousand and five hundred only) as compensation as shown below in additional amount awarded by the tribunal. 1. Funeral expenses : Rs.2,000/- (5,000 minus 3,000) 2. Loss of love and affection : Rs.5,000/- (15,000 minus 10,000) 3. Loss of Consortium : Rs.10,000/- (20,000 minus 10000) 4. Loss of dependency (3,500 x 12 x 11 x3/4= Rs.3,46,500/-) (3,46,500 minus 3,08,000) : Rs.38,500/- ---------------- Total Rs.55,500/- ======= 4 MACA No. 1463/2011 6. We are not persuaded to interfere with the compensation awarded under any other head. Learned counsel for the appellant submits that the only amount of Rs. 2,000/- has been awarded as cost. Learned counsel argues and we agree that proportionate cost ought to have been awarded on the entire amount of compensation as held in Jeena Vs. Satheesh Babu [2011 (3) KLT 943] In the result a) The appeal is allowed in part. b) Appellants are found entitled for a further amount of 55,500/- (Rupees Fifty five thousand and five hundred only) in addition to the amount awarded by the tribunal. c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as directed by the Tribunal in impugned award. However no interest shall be payable on the enhanced amount of compensation for the period of 484 days, i.e., the delay in filing this appeal. 5 MACA No. 1463/2011 d) We further direct that proportionate cost be paid under entire amount of compensation hereby awarded in the proceedings before the Tribunal as held in the dictum Jeena Vs. Satheesh Babu. K. e) All other directions of the Tribunal are upheld. R. BASANT JUDGE V. CHITAMBARESH JUDGE dnc