IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 MACA.No. 803 of 2005() ---------------------- OPMV.1164/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. KUNJUMOL, W/O. LATE ADIMA, MUTHIRAPARAMBIL HOUSE, P.O. AZHIKODE, (DIED) THRISSUR DISTRICT. 2. MANI M.A., S/O. LATE ADIMA, MUTHIRAPARAMBIL HOUSE, P.O. AZHIKODE, THRISSUR DISTRICT. 3. BHADRAN M.A., S/O. LATE ADIMA, MUTHIRAPARAMBIL HOUSE, P.O. AZHIKODE, THRISSUR DISTRICT. 4. BIJU M.A., S/O. LATE ADIMA, MUTHIRAPARAMBIL HOUSE, P.O. AZHIKODE, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.SREEKANTH.K.R SRI.SOJAN JAMES RESPONDENT(S): RESPONDENTS: --------------------------- 1. P.T. MUSTHAFFA, PADIKKATHADI HOUSE, DOWN HILL, MALAPPURAM DISTRICT 2. SHAKKEER K.K., S/O. KUNJU MOIDHEEN, KALATHIL HOUSE, AZHIKODE, THRISSUR DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO. LTD., KODUNGALLUR. APPELLANTS 2 TO 4 ARE DECLARED AS THE LEGAL REPRESENTATIVES OF DECEASED FIRST APPELLANT VIDE ORDER DATED 14-2-11 IN I.A.NO.457/11 ADV. SRI.T.H.ABDUL AZEEZ FOR R2 SRI.P.M.ABDUL JALEEL (KODUNGALLUR) FOR R2 SRI JACOB MATHEW FOR R3 BY ORDER SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.803 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV) No.1164/1999 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the wife and children of deceased Adima who died in a motor accident. During the pendency of the appeal, the first claimant, widow, died and appellants 2 to 4 are declared as her legal representatives. In this appeal they challenge the judgment and award of the Tribunal dated July 31, 2004 awarding a compensation of Rs.71,138/- for the loss caused to them on account of the death of deceased Adima in that accident. 2. On July 31, 1999 at about 9.30 a.m., while the deceased was walking along Puthenpally Beach road, he was knocked down by the motor cycle bearing Reg.No.KL-10/E 1516 ridden by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on August 11, 1999. Alleging negligence against the second respondent, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.2,00,000/-. 3. First respondent, the owner of the offending motor cycle filed a written statement admitting the accident, but denied the liability. The second MACA.No.803/2005 2 respondent, the rider of the offending motor cycle though entered appearance, did not file any written statement before the Tribunal. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. 4. This O.P. was tried along with other O.P. filed by the pillion rider of the motor cycle and a common award was passed. Pws 1 to 3 were examined and Exts.A1 to A10 were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the rider of the motor cycle, the second respondent and awarded a total compensation of Rs.71,138/- with interest at the rate of 6% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of 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 second respondent is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced MACA.No.803/2005 3 compensation. 7. The Tribunal awarded a total compensation of Rs.71,138/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 500/- Medical bills - Rs.1,138/- Funeral expenses - Rs. 2,000/- Loss of consortium - Rs. 5,000/- Loss of estate - Rs. 2,500/- Loss of dependency - Rs.60,000/- 8. Counsel for the claimants sought enhancement of the compensation for loss of dependency. He pointed out that no compensation was awarded, for loss of love and affection and for pain and suffering endured by the deceased . 9. The Tribunal took the monthly income of the deceased as Rs.1,500/- which works out to Rs. 18,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 12,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 5 as the deceased was aged 65 at the time of the accident and awarded Rs. 60,000/- for the loss of dependency. According to the claimants, the deceased was a coolie earning Rs.2,500/- per month. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 2,000/- which comes to Rs. 24,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 16,000/- can be taken as his MACA.No.803/2005 4 annual contribution to his family. The Tribunal adopted a multiplier of 5 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 80,000/- ( 16,000/- x 5). Thus on this count, the claimants are entitled to an additional compensation of Rs.20,000/-. 10. No compensation is seen awarded for pain and suffering endured, and for loss of love and affection. In the circumstances of the case, we feel that a compensation of Rs.5,000/- for pain and suffering endured, and Rs.10,000/- for loss of love and affection would be reasonable. The Tribunal awarded Rs.1,138/- for medical expenses. Taking into account the nature of injuries sustained we feel that an additional compensation of Rs.5,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. There is another aspect in this case. 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 claimants are found entitled to an additional compensation of Rs.40,000/-. They are entitled to interest @ 7.5% per annum MACA.No.803/2005 5 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. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE sv. True copy P.A. to Judge