IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 MACA.No. 833 of 2005() ---------------------- OPMV.970/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANTS ------------------------ 1. SAFIYA, W/O.LATE SAINUDIN, VADAKKEDATH HOUSE, PALLARIMANGALAM P.O., KUTTAMANGALAM VILLAGE. 2. SHERMY, D/O.LATE SAINUDIN, (MINOR-DATE OF BIRTH 10.6.1995) DO. DO. REPRESENTED BY HER MOTHER AND LEGAL GUARDIAN SAFIYA. 3. ASHIK, S/O.LATE SAINUDIN, (MINOR-DATE OF BIRTH 17.5.1997) DO. DO. REPRESENTED BY DO. DO. 4. MAHAROOB, S/O.MAKKAR, VADAKKEDATH HOUSE, DO. DO. 5. NACHI, W/O.MAHAROOB, DO. DO. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: RESPONDENTS 1& 2 IN THE O.P --------------- 1. VARGHESE MATHEW @ RAJAN, S/O.PHILIPPOSE MATHAI, MANNIL HOUSE, 235/V PAREEKANNI, NELLIMATTOM. 2. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., CHURCH VIEW JUNCTION, KOTHAMANGALAM. ADV. SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A. No.833 of 2005 ------------------------------------- Dated this the 25th day of February, 2009 JUDGMENT BASANT, J. Claimants before the Tribunal are the appellants before us. They are the widow aged 29 years, 2 minor children - aged 6 and 4 years and parents - aged 68 and 58 years of the deceased who suffered injuries in a motor accident which occurred on 2.4.2001 and succumbed to the same later on the same date. They claimed an amount of Rs.10 lakhs as compensation. The Tribunal awarded an amount of Rs.2.39 lakhs as compensation as per the details shown below. i) Loss of dependency : Rs.1,60,000/- (1250 X 12 X 2/3 X 16) ii) Transport to hospital : Rs.1,000/- iii) Funeral expenses : Rs.3,000/- iv) Medical and miscellaneous expenses : Nil v) Pain and sufferings : Rs.5,000/- vi) Loss of conjugal society : Rs.15,000/- M.A.C.A. No.833 of 2005 2 vii) Loss of love and affection : Rs.40,000/- viii) Loss of estate : Rs.15,000/- --------------- Total : Rs.2.39,000/- ---------------- Interest was directed to be paid @ 6% per annum. 2. The appellants claim to be aggrieved by the impugned award. Called upon to explain the precise nature of the challenge which the appellants want to mount against the impugned award, the learned counsel for the appellants first of all contends that the multiplicand has been reckoned very unrealistically - at an amount of Rs.1,250/- per mensem. This is grossly inadequate. The Tribunal must have taken note of the fact that the deceased was employed in the Gulf states. He was having a passport, a copy of which is produced. He was employed as a supervisor. Materials adduced in evidence indicate that the deceased had suffered injuries while he was working as a supervisor at the site of construction of a compound wall. The learned counsel for the appellants further relies on documents produced - Exts.A7, A8 & A9, which reveal the deposits which the deceased had in his name, the L.I.C policies M.A.C.A. No.833 of 2005 3 taken and his subscription to the chits. It would be too artificial and far removed from life to assume that the monthly earning of the deceased was only Rs.1,250/- per mensem, submits the learned counsel for the appellants. 3. Having rendered our anxious consideration to all the relevant inputs available, we are inclined to agree with the learned counsel for the appellants. Even in the absence of better evidence to show the income/earnings of the deceased at the time of the accident, we are persuaded to agree that it would be absolutely reasonable to assume that the deceased must have been earning an income of Rs.2,500/- at least on the date of the accident. We come to this conclusion from the totality of circumstances available in the case. Computation of compensation cannot be merely looked at as a science based on specific data made available. Reasonable inferences on probabilities can also be drawn. The totality of circumstances must be looked into and must always be ensured that the disadvantage flowing from the absence/want of specific data will have to be suffered by the claimant only. In this view of the matter, we are satisfied that the appellants are entitled to a further amount of Rs.1,60,000/- as compensation under the head M.A.C.A. No.833 of 2005 4 of loss of dependency, ie [Rs.2,500 X 12 X 2/3 X 16=Rs.3,20,000/- minus Rs.1,60,000/- already awarded]. Though it is contended that the deceased had undergone medical treatment for a period of 6 hours after his admission to the hospital, there is no data to satisfy the Court that any treatment was given to the deceased at the hospital after the accident. We note that an amount of Rs.40,000/- has been awarded under the head of loss of love and affection. We are satisfied, in these circumstances, that the amounts awarded under the other heads do not warrant appellate interference and modification. 4. The learned Counsel for the appellants points out that interest has been awarded only @ 6% per annum. Relying on precedents, the learned counsel submits that interest must have been awarded at least @ 7.5% per annum. We are in agreement with the learned counsel for the appellants. 5. The above discussions lead us to the conclusion that the appellants are entitled to a further amount of Rs.1,60,000/- (Rupees One lakhs sixty thousand only) in addition to the amount already awarded by the Tribunal. It is further directed that interest shall be payable on the entire amount of compensation @ 7.5% per annum from the date of the petition. M.A.C.A. No.833 of 2005 5 6. This appeal is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR) rtr/-