IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 MACA.No. 1129 of 2005() ----------------------- OPMV.986/2000 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/CLAIMANTS: ----------------------------------- 1. KURUPPANTHODI MOHAMMED, KURUPPATHODY HOUSE, KAKKOOTH, P.O. PERINTHALMANNA. 2. KURUPPANTHODI ABDUL JALEEL, S/O. MOHAMMED, DO. DO. 3. KURUPPANTHODI HAMZA, S/O. MOHAMMED, DO. DO. 4. KURUPPANTHODI AZEEZ, S/O. MOHAMMED, DO. DO. 5. KURUPPANTHODI SHAREEF, S/O. MOHAMMED, DO. DO. 6. MURUPPANTHODI KAIRUNNEESA -MINOR REPRESENTED BY FATHER- 1ST APPELLANT. 7. KURUPPANTHODI MOHAMMED RASHEED-MINOR REPRESENTED BY FATHER - 1ST APPELLANT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT/5TH RESPONDENT: --------------- UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, CALICUT ROAD, PERINTHALMANNA P.O., MALAPPURAM DISTRICT. R1 BY ADV. MR. SIBY MATHEW R1 BY MR. PHILIP J.VETTICKATTU R1 BY MR. B.PREMNATH (E) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKC R.BASANT & N.K.BALAKRISHNAN, JJ. ----------------------------------------- M.A.C.A No.1129 OF 2005-D ---------------------------------------- Dated this the 5th day of July, 2011 O R D E R/JUDGMENT BASANT,J. C.M.Appl.No.1552 of 2005: This petition is to condone the delay of 96 days in filing an appeal. Respondents served. We are satisfied that a lenient view can be taken. Petition allowed. Delay condoned. M.A.C.A No.1129 OF 2005: 2. Claimants are the appellants. They are husband aged 60 years and 6 children including 2 minor children aged 16 years and 11 years respectively. Deceased was a house wife aged 52 years. The Tribunal awarded an amount of Rs.84,000/- as compensation as per the details given below: 1.Transport to hospital : Rs.2,000/- 2.Funeral expenses : Rs.2,000/- 3.Compensation for pecuniary loss : Rs.80,000/- (15000 x 2/3 x 8) --------------- Total : Rs.84,000/- ======= 3. The claimants/appellants are aggrieved by the impugned award. The amount of Rs.84,000/- awarded is painfully low. M.A.C.A No.1129 OF 2005 2 Multiplier adopted as 8, is incorrect. Even going by the Second Schedule, 11 must have been adopted as the multiplier, contends the counsel. The learned counsel further contends that no amounts have been awarded under the head of pain and suffering, loss of love and affection and loss of consortium. In any view of the matter, the amount awarded under the impugned award is not just and reasonable compensation, contents the counsel. 4. We have considered all the relevant inputs. Monthly income of the unemployed house wife was reckoned as Rs.1,250/- and that appears to be justified by Entry 6 in the Second Schedule of Motor Vehicles Act. Multiplier has been reckoned as 8. We find that no reason is given not to adopt at least 11 which is accepted as a multiplier under the Second Schedule. No reasons are also shown for not awarding any amount under the head of pain and suffering, loss of conjugal society and loss of love and affection. Death was not instantaneous and death occurred while deceased was being removed to the hospital, it is pointed out. 5. We have heard the learned counsel for the insurer - that is the sole respondent. The counsel does not dispute the fact that M.A.C.A No.1129 OF 2005 3 the multiplier 8 adopted is not justified by the Second Schedule. We are satisfied that the appellants are entitled to the following further amounts as compensation: 1. Loss of consortium : Rs.12,500/- (spouses aged 60 years and 52 years respectively) 2.Loss of love and affection : Rs.12,500/- (Husband and 6 children including two minor children.) 3.Pain and suffering : Rs.5,000/- (death on the date of the accident while being removed to the hospital.) 4.Loss of services/support : Rs.30,000/- (15,000x2/3x11 ie., Rs.1,10,000/- minus Rs. 80,000/-) ----------------- Total Rs.60,000/- ========== 6. We hold that the appellants are entitled to a further amount of Rs.60,000/- (Rupees sixty thousand only) as per the details shown above: 7.The learned counsel for the appellant submits that interest has been awarded at the rate of 6% per annum. This is M.A.C.A No.1129 OF 2005 4 too low it is contended. We agree we are satisfied that interest can be awarded at the rate of 7.5%. 8. In the result: (a.) This appeal is allowed in part. (b.) The appellants are found entitled to a further amount of Rs.60,000/- in addition to the amounts already awarded by the Tribunal. (c.) The entire amount of compensation shall carry interest at the rate of 7.5% per annum. The appellant shall be entitled to their costs throughout. R.BASANT, JUDGE N.K.BALAKRISHNAN, JUDGE mns