IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 MACA.No. 884 of 2008 ---------------------- OPMV.1576/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS ------------------------------------ 1. VIJAYALAKSHMI, 37 YEARS, W/O.PRABHAKARAN (LATE), VAIKKATH HOUSE, P.O.VELIMUKKU, PIN 676 317, MALAPPURAM DISTRICT. 2. DEEPIKA, 17 YEARS, D/O.PRABHAKARAN(LATE) 3. DIVYA, 14 YEARS, D/O.PRABHAKARAN (LATE) APPELLANTS 2 & 3 MINOR REPRESENTED BY MOTHER GUARDIAN VIJAYALAKSHMI BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ----------------------------- NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI. ADV. SRI.E.M.JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 884 of 2008 ------------------------------------------------------ Dated: JULY 23, 2010 JUDGMENT Barkath Ali, J. One P.K.Prabhakaran, aged 46 and employed as a Chief Winder in Malappuram Co-operative Spinning Mills Ltd. earning Rs.4433/- per month died in a motor accident which occurred on April 10, 2002 at 7 a.m. Claiming a compensation of Rs.7 lakhs, the claimants, who are the wife and minor children of the deceased, filed OP(MV) 49/2003 before the Motor Accidents Claims Tribunal, Manjeri, under Sec.166 of the Motor Vehicles Act alleging negligence against the driver of the offending vehicle, 1st respondent. 2. The accident occurred when the bus bearing Regn.No.KL10/J 2502 in which the deceased was travelling from Feroke to Malappuram collided head on with the lorry bearing Regn.No.KL11/9136 at Morayoor High School Padi. Respondents 1 to 3 are the driver, owner and insurer of the lorry. Only the 3rd respondent, insurer of the offending vehicle, contested the matter, but admitted the policy of the offending vehicle. Exts.A1 to A4 were marked on the side of the claimants. No evidence was adduced on the side of the 3rd respondent. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.3,60,000/- with interest at 6% per annum M.A.C.A. 884 of 2008 2 from the date of petition till realisation and a cost of Rs.1000/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 3. Heard counsel for the claimants and counsel for the Insurance Company. 4. Counsel for the claimants mainly sought enhancement of the compensation for the disability caused, for the loss of consortium, for pain and sufferings endured by the deceased and for loss of love and affection. 5. The break up of the compensation amount awarded is as under: transport to hospital Rs.1000/- funeral expenses 2000/- loss of estate 2500/- pain and suffering 7000/- loss of consortium 5000/- loss of love and affection 10000/- loss of dependency upto 55 years 282432/- after retirement 50000/- 6. The Tribunal took the monthly income of the claimant as Rs.4413/- as revealed from his salary certificate Ext.A4 for the first 8 years and thereafter for the remaining 5 years at the rate of Rs.1250/-. After deducting 1/3rd for his personal expenses, the Tribunal awarded Rs.2,82,432/- for the first 8 years and Rs.50,000/- M.A.C.A. 884 of 2008 3 for the remaining 5 years. 7. The deceased was aged 46 at the time of the accident. His salary was also proved as Rs.4433/- per month. Taking into consideration the fact that even after retirement he would get some employment, we feel that his monthly income can be reasonably fixed at Rs.3500/- for the entire 13 years, which works out to Rs.42,000/- per annum. After deducting 1/3rd for his personal expenses, the balance amount of Rs.28,000/- per annum can be taken as his annual contribution to his family. The multiplier adopted as 13 is not seriously challenged. Thus calculated, for the loss of dependency, the claimants will be entitled to a compensation of Rs.3,64,000/-. Thus on this count the claimants are entitled to an additional compensation of Rs.31,568/- (Rs.3,64,000 - (2,82,432 + 50,000). 8. The Tribunal awarded Rs.5000/- for loss of consortium. Taking into consideration the age of the first claimant, widow, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 9. The Tribunal awarded Rs.7000/- for pain and suffering endured by the deceased, which appears to be very low. In the circumstances of the case, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 10. The Tribunal awarded Rs.10,000/- for loss of love and M.A.C.A. 884 of 2008 4 affection which is quite inadequate. Taking into consideration the tender age of the children, we feel that a compensation of Rs.25,000/- would be reasonable on this count. 11. Thus the claimants are entitled to an additional compensation of Rs.54,568/-. There is another aspect in this case. The Tribunal awarded interest only at the rate of 6% per annum which is very low. The claimants are entitled to interest at the rate of 7.5% per annum from the date of petition till realisation for the compensation amount already awarded and for the enhanced compensation. The 3rd respondent, the insurer of the offending mini lorry, shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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 mt/-