IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 MACA.No. 2074 of 2005() ----------------------- OPMV.1556/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/CLAIMANT: --------------------------------- 1. ABDUL KAREEM T.K., S/O. SAIDALAVI, THAZHAM HOUSE, FEROKE COLLEGE POST, KOZHIKODE. 2. JUNAIS, 10 YEARS (MINOR). 3. FAYIZ MON, 8 YEARS (MINOR), MINORS REPRESENTED BY THEIR FATHER 1ST APPELLANT. 4. POCKERKUTTY P., S/O. ABOOBACKER P.K., KURIYODATH HOUSE, AYIKARAPADI POST, MALAPPURAM. 5. AMINA A., W/O. POCKERKUTTY P., KURIYODATH HOUSE, AYIKARAPADI POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. PANANGODEN BADARUDHEEN, S/O. AHAMMAD, PULAKKAL HOUSE, PULIKKAL POST, MALAPPURAM. 2. P. ALAVIKUTTY, NARIKUTH HOUSE, PULIKKAL POST, MALAPPURAM. 3. M/S. THE ORIENTAL INSURANCE COMPANY LTD. JASEELA COMPLEX, NILAMBUR ROAD, MANJERI, MALAPPURAM. ADV. SRI.K.P.MUJEEB FOR R2 SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2074 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.1556/2001 of Motor Accidents Claims Tribunal, Manjeri challenge the judgment and award of the Tribunal dated April 23, 2005 awarding a compensation of Rs. 1,78,000/- for the loss caused to them on account of the death of deceased Pandarapetti Abida in a motor accident. 2. The facts leading to this appeal in brief are these : Deceased was a lady aged 24 and as a tailor she used to earn Rs. 4,500/- per month. On May 13, 2001 at about 12.30 p.m., deceased was travelling in a bus from Feroke to Kondotty driven by the first respondent. When they reached at Kuriyodum, the bus capsized due to the rash and negligent driving of the bus by first respondent. Deceased Abida sustained serious injuries and she succumbed to the injuries sustained while undergoing treatment in the hospital. Claimants 1 to 3 are the husband and minor children of the deceased and claimants 4 and 5 are the father and mother of the deceased. According to the MACA.No.2074/2005 2 claimants, accident occurred due to the rash and negligent driving of the offending bus by first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimants who are legal heirs and dependants of the deceased. 3. Respondents 1 and 2, the driver and owner of the offending bus remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending bus filed a written statement admitting the policy. 4. This O.P. was jointly tried along with other O.Ps. filed by the other injured passengers in the bus and a common award was passed by the Tribunal. First claimant was examined as PW1 and Exts.A1 to A21 series and Ext.X1 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a compensation of Rs. 1,78,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 3,000/-. The claimants have now come up in appeal challenging the quantum of MACA.No.2074/2005 3 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 that the accident occurred due to the negligence on the part of the first respondent 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.1,78,000/-. The break up of the compensation awarded is as under : Transport to hospital - Rs.1,000/- Funeral expenses - Rs. 2,000/- Loss of consortium - Rs. 5,000/- Loss of dependency - Rs.1,70,000/- 8. Counsel for the claimants sought enhancement of compensation for the loss dependency, loss of love and affection and for pain and suffering. 9. The Tribunal took the annual income of the deceased as Rs. 15,000/- and after deducting 1/3 for her personal expenses, took Rs. 10,000/- as her annual contribution to her family and adopted a multiplier of 17 and and awarded Rs.1,70,000/- for loss of dependency. MACA.No.2074/2005 4 The deceased was a lady aged 24 and as a tailor she used to earn Rs. 4,500/- per month, according to PW1. In the absence of any evidence regarding the monthly income of the deceased, we feel that her monthly income can be reasonably fixed at Rs. 2,000/- which works out to Rs. 24,000/- per annum. After deducting 1/3 for her personal expenses, the balance amount of Rs. 16,000/- can be taken as her annual contribution to her family. The multiplier of 17 adopted by the Tribunal is not seriously challenged. Thus for the loss of dependency, the claimants are entitled to a compensation of Rs. 2,72,000/- ( 16000 x 17). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,02,000/-. 10. It is seen from the award that no compensation was awarded for the pain and suffering endured and for loss of love and affection. Taking into consideration the fact that deceased died while undergoing treatment in the hospital, we feel that a compensation of Rs. 5,000/- would be reasonable for the pain and suffering endured. Claimants 2 and 3, the minor children, were aged 5 and 2 ½ years respectively at the time of the accident. Therefore, we feel that a compensation of Rs. 15,000/- would be reasonable for the loss of love and affection. As regards the compensation awarded under other heads, MACA.No.2074/2005 5 we find the same to be reasonable and therefore are not disturbing the same. 11. 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. 12. In the result, the claimant are entitled to an additional compensation of Rs. 1,02,000/-. 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.2074/2005 6