IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 MACA.No. 249 of 2010() ---------------------- OPMV.1534/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONERS: ----------------------------------------------- 1. RAJESWARIAMMA, AGED 46, WIDOW OF THULASEEDHARAN PILLA, KATTAZHIKATHU HOUSE, (THULASI VILASAM), KOONAYIL PARAVOOR DESOM, PARAVOOR-MEENAD TALUK, NEDUNGOLAM PO, KOLLAM DISTRICT. 2. SMITHA, AGED 28, D/O.LATE THULASEEDHARAN PILLA, KATTASHIKATHU HOUSE, -DO- -DO- 3. RAJITHA, AGED 26, D/O.LATE THULASEEDHARAN PILLA, KATTAZHIKATHU HOUSE, -DO- -DO- 4. REJITH KUMAR, AGED 23, S/O.LATE THULASEEDHARAN PILLA, KATTAZHIKATHU HOUSE, -DO- -DO- BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. V.K.SUBASH, VETTIYATTIL HOUSE, MURIKKINGAL, KODALY PO, THRISSUR DIST. 2. SHAJU.K.T, S/O.THOMAS, KAITHARAN HOUSE, KODALY PO, THRISSUR. 3. THE NATIONAL INSURANCE CO.LTD, M.G.ROAD, THRISSUR. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 249 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 12th January, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1534 of 2006 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the wife and children of deceased Thulaseedharan Pillai who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated November 19, 2009 awarding a compensation of Rs.3,05,000/- for the loss caused to them on account of the death of Thulaseedharan Pillai in the accident. 2. The accident happened on October 22, 2006 at Perambra. While Thulaseedharan Pillai was walking along the side of the road, he was knocked down by a Qualis Van bearing registration No.KL-8/W 9165 driven by the 2nd respondent. Alleging negligence against the 2nd respondent driver of the offending van, the claimants filed the Original Petition before the Tribunal under section 166 of the Motor Vehicles Act claiming MACA 249/2010 2 compensation. 3. Respondents 1 and 2, owner and driver of the offending van, remained absent and were set ex parte by the Tribunal. The 3rd respondent insurer of the offending van filed a written statement admitting the policy. Exts. A1 to A6 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence found that the accident happened due to the negligence of the second respondent and awarded a compensation of Rs.3,.05,000/- with interest at the rate of 7% per annum from the date of petition till realization and proportionate cost. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent, the driver of the offending van is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to MACA 249/2010 3 any enhanced compensation ? 6. The Tribunal awarded a total compensation of Rs.3,05,000/- Break up of the compensation awarded is as under:- Funeral expenses : Rs. 6,000 Pain and suffering : Rs. 5,000 Loss of consortium : Rs. 15,000 Loss of love and affection : Rs. 15,000 Loss of dependency : Rs.2,64,000 ------------------ Total : Rs.3,05,000 ======== 7. The appellants mainly sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 8. The Tribunal took the monthly income of the deceased as Rs.6,000/- per month for the first 3 years up to the date of retirement and thereafter at the rate of Rs.3,000/- per month for the next 5 years and after deducting 1/3rd for his personal expenses awarded a total compensation of Rs.2,64,000/- for the loss of dependency. Deceased was employed as Senior Technician (Engineer) in Appolo Tyres Ltd., Perambra, Thrissur His salary certificate was not produced by the claimants before MACA 249/2010 4 the Tribunal. They produced Ext.A6 showing total benefits he would have received if continued in service till his date of retirement on August 11, 2009 which comes to Rs.8,14,421.49. His date of retirement was August 11, 2009, at the age of 60. Therefore, on the date of accident he was aged about 56. Taking into consideration all these aspects, we feel that his monthly income can reasonably be fixed at Rs.6,000/- as taken by the Tribunal. After deducting 1/3rd balance amount of Rs.4,000/- can be taken as his monthly contribution to his family. As he was aged 56 at the time of the accident, the proper multiplier that can be adopted is 11. Therefore, for the loss of dependency the claimants are entitled to a compensation of Rs.5,28,000/- (Rs.48,000/- x 11). Thus, the claimants are entitled an additional compensation of Rs.2,64,000/- on this count. 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 and disbursement of the same the direction of the Tribunal will stand. The Tribunal awarded interest only at the rate of 7% per annum which appears to be very low. They are entitled to MACA 249/2010 5 interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and for the enhanced compensation. 9. In the result, the claimants are found entitled to additional compensation of Rs.2,64,000/-. They are entitled to interest @ 7.5% p.a. from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. They are also entitled to proportionate cost. The 3rd respondent insurer of the offending van shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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. mn.