IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 MACA.No. 1461 of 2004(C) -------------------------------------- OPMV.541/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT - 3RD RESPONDENT: --------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., MANJERI, REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: CLAIMANTS --------------------------------------- 1. KALATHINGAL KUNHIMOHAMMED, S/O.ABDULLA, P.O.PULLANGODE, KALIKAVU AMSOM, ERNAKAULAM TALUK. 2. VELENGARA SAINABA, S/O.KUNHIMOHMMED, P.O.PULLANGODE, KALIKAVU AMSOM, ERNAD TALUK. 3. MANHAPPALAM ABDUL LATHEEF, S/O.MOHAMMED, MANHAPPALAM VEEDU, P.O.KARALAI, MALAPPURAM DSITRICT. 4. N.ACHUTHAN, S/O.NARAYANAN NAIR, NAMBI MADATHIL HOUSE, P.O.RAMAPURAM, MALAPPURAM DSITRICT. 5. N.A.SHAJI, S/O.ABDULLA WAHAB, NEETIYARIKKAL HOUSE, P.O.KOODERANCHI, CALICUT DIST. 6. UNITED INDIA INSURANE CO LTD., NILABUR. BY ADV. SRI.BABU S. NAIR SRI.P.R.RAMACHANDRA MENON THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1461 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of October, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1834 of 1993 on the file of the Motor Accidents Claims Tribunal, Inrinjalakuda. They are the wife and two children of deceased Varghese who died in a motor accident on December 23, 1999 at 7.10 p.m. at Muringoor, Kalpetta junction. The accident happened while he was walking along the side of the road, he was knocked down by a lorry bearing registration No.KA-13/2137, driven by the 2nd respondent. Alleging negligence against the 2nd respondent, the claimants filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs. 2. The 1st respondent, the owner of the offending lorry, remained absent before the Tribunal. No relief was sought against the 2nd respondent. The 3rd respondent, MACA 1461/2004 2 insurer of the offending lorry filed a written statement admitting the policy. 3. Exts.A1 to A8 were marked on the side of the claimants and Ext.B1 was marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 2nd respondent and by the impugned judgment dated April 20, 2005 awarded a compensation of Rs.1,92,846/- with interest at 6% p.a. from the date of petition till realization. The claimants have now come up in appeal challenging the quantum of compensation. 4. Heard learned counsel for the claimants and learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 2nd respondent, driver of the offending lorory, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. MACA 1461/2004 3 6. The Tribunal awarded a total compensation of Rs.1,92,846/-. Break up of the compensation amount awarded is as under:- Medical expenses : Rs. 5,346/-. Transportation : Rs. 1,000/- Funeral expenses : Rs. 2,000/- Loss of estate : Rs. 2,500/- Pain and suffering : Rs. 6,000/- Loss of consortium : Rs. 10,000/- Loss of love and affection : Rs. 10,000/- Loss of dependency : Rs. 1,56,000/- ------------------ Total : Rs.1,92, 846/- ======== 7. Learned counsel for the appellants sought enhancement of the compensation for the loss of dependency, loss of consortium and loss of love and affection. 8. The Tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses, took balance amount of Rs.1,000/- per month as his contribution to his family, which comes to MACA 1461/2004 4 Rs.12,000/- per annum. The Tribunal took the multiplier of 13 as the deceased was aged 46 at the time his death and awarded a total compensation of Rs.1,56,000/- for the loss of dependency. According to the claimants, deceased was earning Rs.6,000/- per month from the business. Taking into consideration the above aspect, we feel that monthly income of the deceased can reasonably be fixed at Rs.2,500/-, which comes to Rs.30,000/- per annum. After deducting 1/3rd for his personal expenses, balance amount of Rs.20,000/- can be taken as his annual contribution to his family. The 1st claimant, wife of the deceased, testified that deceased was aged only 45 at the time of the accident. Therefore, proper multiplier that can be adopted in this case is 14. Thus, for the loss of dependency, the claimants are entitled to a compensation of Rs.2,80,000/- (Rs.20,000/- x 14). Thus the claimant is entitled to an additional compensation of Rs.1,24,000/- on this count. 9. The Tribunal awarded a compensation of Rs.10,000/- towards loss of consortium, which appears to be MACA 1461/2004 5 very low. Taking into consideration the age of the 1st claimant-widow, we feel that a compensation of Rs.15,000/- would be reasonable on this Court. 10. Rs.10,000/- was awarded for loss of love and affection. Taking into consideration the age of the claimants, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 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 realization for the compensation already awarded and also for the enhanced compensation. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. In the result, the claimants are found entitled to an additional compensation of Rs.1,39,000/-. He is entitled to @ 7.5% from the date of petition till realization for the compensation already awarded and also for the enhanced MACA 1461/2004 6 compensation. The claimants are also entitled to proportionate costs. The 3rd respondent, insurer of the offending 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 as above. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.