IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 MACA.No. 1378 of 2011(C) ----------------------- OPMV.1253/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS : PETITIONERS: -------------------------- 1. PADMINI W/O.RAMAN, 2. RAMAN, S/O.MAYAN, 3. VIJAYAKUMARI, D/O.MAYAN, 4. VIJAYAKUMAR, S/O.MAYAN, ALL RESIDING AT CHATTAPPARA HOUSE, 10TH MILE, VELIKKAD P.O., MUNDUR, PALAKKAD. BY ADV. SRI.A.R.GANGADAS RESPONDENTS: --------------- 1. T.KARUNAKARAN, S/O.THANDAVARAYAN, 208, EAST STREET, C.PUDUPPETTAI, CHIDAMBARAM TALUK, CADALLORE, TAMIL NADU. 2. SENTHIL MURUKAN, S/O.RAJAGOPALAN, DOOR NO.34 GURUNATHE CHETTY STREET, PARANGIPETTAI POST, CHIDAMBRAM TALUK, TAMIL NADU. 3. UNITED INDIA INSURANCE COMPANY LTD., VENKITESWARA SHOPPING COMPLEX, NO.100 SOUTH CAR STREET, CHIDAMBRAM, TAMIL NADU. ADV. JOHN JOSEPH VETTIKAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.1378 of 2011-D ***************************** Dated this the 11th day of October, 2011 JUDGMENT BASANT, J. Claimants are the appellants. They are the parents and siblings of the deceased. The accident took place on 08.07.2007. The deceased succumed to the injuries on the same date. He was aged 23 years at the time of the accident. He was an autorickshaw driver by avocation. His mother, the first claimant was aged 44 years. His father was aged 54 years. The other claimants are adult siblings. Against a total claim of Rs.6,50,000/-, an amount of Rs.2,40,000/- was awarded as compensation as per the details given in the impugned award, which we extract below: Sl . No. Heads of claim Amount awarded 1 Transportation expenses Rs. 2,000.00 2 Loss of dependency Rs.2,25,000.00(2500X12X1/2X15) 3 Loss of love and affection Rs. 10,000.00 4 Funeral expenses Rs. 2,000.00 Total Rs.2,40,000.00 2. The insurer has been made entirely liable to satisfy the award. Quantum is the only plank of challenge. We have M.A.C.A No.1378 of 2011-D 2 heard the learned counsel for the appellants and the learned counsel for the insurance company. 3. Called upon to explain and be specific, the learned counsel for the appellants submits that the quantum of compensation awarded is grossly insufficient. First of all it is contended that the monthly income of the deceased was reckoned at Rs.2,500/-. The deceased was a skilled worker – an autorickshaw driver. Even going by the precedents in Lata Wadhwa V. State of Bihar [AIR 2001 SC 3218] and Laxmi Devi & Ors. V. Mohammad Tabbar & Anr. [2008 ACJ 1488], an amount of Rs.3,000/- per mensem should have been reckoned as the monthly income. Even if the deceased were reckoned as a skilled manual worker, taking all the relevant inputs into account it is argued that the monthly income of the deceased must have been taken at a much higher amount. We agree. Rs.3,500/- can safely be reckoned as the monthly income. The learned counsel for the insurance company points out that going by the age of the mother, as claimed she belongs to the age group of 40-45 years. Going by the dictum in Sarla Verma v. Delhi Transport Corporation [(2009) 6 SCC 121], 14 alone could have been reckoned as the multiplier, whereas the Tribunal has taken 15 as M.A.C.A No.1378 of 2011-D 3 the multiplier. 4. The learned counsel for the appellants next contends that no amount of compensation has been awarded under the head of pain and suffering. No amount has been awarded under the head of loss of estate. It is further contended that the amount of Rs.2,000/- awarded under the head of funeral expenses is grossly insufficient. We find force in these contentions. 5. We are satisfied that the appellants are entitled to a higher amount of compensation. We hold that the appellants are entitled to a further amount of Rs.84,500/- as shown below in addition to the amount already awarded by the Tribunal. i) Pain and suffering : Rs.10,000.00 (no amount awarded by the Tribunal) ii) Funeral expenses : Rs. 3,000.00 (5000 minus 2000) iii) Loss of estate : Rs. 2,500.00 (conventional global amount) iv) Loss of dependency : Rs.69,000.00 (3500X12X14X1/2= 2,94,000 minus 2,25,000) ------------------- Total : Rs.84,500.00 ======== M.A.C.A No.1378 of 2011-D 4 6. We are not satisfied that the amount awarded under any other head warrants appellate interference. 7. In the result: a) This M.A.C.A is allowed in part; b) The appellants are found entitled to a further amount of Rs.84,500/- (Rupees Eighty four thousand five hundred only) in addition to the amount already awarded by the Tribunal under the impugned award; c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as specified by the Tribunal in the impugned award; d) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/