IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 MACA.No. 1560 of 2004() ----------------------- (O.P(MV).NO.1014/1998 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANTS/PETITIONERS 1 & 2: ------------------------------------------------- 1. PREETHI SHAJI, 29 YEARS, W/O.SHAJI(DECEASED), KOOVAKKADAN HOUSE, P.O.ALAGAPPA NAGAR, VENDOOR, THRISSUR. 2. AKASH SHAJI, AGED 7 YEARS, MINOR, REP. BY MOTHER & GUARDIAN 1ST APPELLANT, PREETHI SHAJI, W/O.SHAJI (DECEASED), KOOVAKKADAN HOUSE, P.O. ALAGAPPA NAGAR, VENDOR, THRISSUR. BY ADV. SRI.S.RAJEEV. RESPONDENTS: ------------------------ 1. MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. P.K.BABA, S/O.KURIAN, THRIVENI HOUSE, CHITTILANCHERRY DESOM, ALATHUR VILLAGE. 3. LEELA, AGED 62 YEARS, M/O.DECEASED SHAJI, KOOVAKKADAN HOUSE, P.O.ALAGAPPA NAGAR, VENDOOR, THRISSUR DISTRICT. 4. VASU, AGED 64 YEARS, F/O.SHAJI(DECEASED), KOOVAKKADAN HOUSE, ALAGAPPA NAGAR P.O., VENDOOR, THRISSUR. R1 BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC, R2 BY ADVS. SRI.P.VIJAYA BHANU, SRI.V.A.JOHNSON (VARIKKAPPALLIL). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1560 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 24th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimants in O.P.(MV) No.1014 of 1998 of the Motor Accidents Claims Tribunal, Irinjalakuda challenge the judgment and award of the Tribunal dated January 30, 2004 awarding a compensation of Rs.2,32,000/- for the loss caused to them, on account of death of Shaji in a motor accident. 2. The facts leading to this appeal, in brief, are these:- Deceased Shaji was aged 30 at the time of the accident and as a Company Worker, he was earning Rs.5,500/- per month, according to the claimants. Claimants are his widow, minor son and parents. On May 25, 1998 at about 3 p.m. deceased Shaji was riding his motor cycle bearing registration No.KL-8L/1491 along Thrissur-Amballur National Highway 47. When he reached near Christian MACA 1560/2004 2 Church, Thalore, a K.S.R.T.C. bus bearing registration No. KL-15/2300, driven by the second respondent, came at a high speed from the opposite side and dashed against the motor cycle of the deceased. Deceased Shaji sustained very serious injuries and he succumbed to the injuries sustained while undergoing treatment in the Medical College Hospital, Thrissur. According to the claimants, the accident occurred due to the negligence on the part of the second respondent, driver of the offending bus. The first respondent as the owner and second respondent as the driver are jointly and severally liable to pay the compensation to the claimants who are the legal heirs and dependents of the deceased. 3. Respondents 1 and 2 filed a written statement, admitting the accident and further contended that the incident occurred due to the negligence of the claimant. 4. PW1 was examined and Exts. A1 to A8 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an MACA 1560/2004 3 appreciation of the evidence, found that the accident occurred due to the negligence of second respondent and awarded a compensation of Rs.2,32,000/- with interest at the rate of 6% p.a. from the date of petition till realization and costs. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellants and the learned counsel for respondents. 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, driver of the offending bus, 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.2,32,000/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.2,04,000/- MACA 1560/2004 4 Pain and suffering : Rs. 5,000/- Loss of consortium : Rs. 10,000/- Loss of love and affection : Rs. 10,000/- Funeral expenses : Rs. 3,000/- ------------------ Total : Rs.2,32,000/- ======== 8. The learned counsel for the appellants mainly sought enhancement of compensation awarded by the Tribunal for the loss of dependency, loss of consortium and loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3 for his personal expenses, took Rs.1,000/- as his monthly contribution to his family and adopted a multiplier of 17 and awarded a compensation of Rs.2,04,000/- for loss of dependency. The deceased was working as an Administrative Officer in Kerala Shipping and Inland Navigation Corporation Ltd. on daily wages of Rs.77.50. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.2,500/-, which works out to Rs.30,000/- per annum. After deducting MACA 1560/2004 5 1/3rd for his personal expenses, the balance amount of Rs.20,000/- can be taken as his annual contribution to his family. The multiplier adopted by the Tribunal as 17 is not seriously challenged. Thus, the compensation for the loss of dependency would come to Rs.3,40,000/- (Rs.20,000/- x 17). Thus, the claimants are entitled an additional compensation of Rs.1,36,000/- on this count. 10. The Tribunal awarded a compensation of Rs.10,000/- for loss of consortium, which appears to be very low. Taking into consideration the tender age of the second claimant, the son of the deceased, we feel that a compensation of Rs.20,000/- would be reasonable 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. 11. There is another aspect in this case. The Tribunal awarded interest @ 6% per annum, which appears to be very low. The claimants are entitled to interest at 7.5% per annum for the compensation already awarded and for the MACA 1560/2004 6 enhanced compensation from the date of petition till realization. 12. In the result, the claimants are found entitled to an additional compensation of Rs.1,46,000/-. They are entitled to interest at 7.5% per annum for the compensation already awarded and for the enhanced compensation from the date of petition till realization. They are also entitled to proportionate cost. The first respondent being the owner of the offending bus shall deposit the amount within two months from the date of receipt of a copy of this judgment. In the result, the appeal is disposed of as above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.