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 15TH MARCH 2011 / 24TH PHALGUNA 1932 MACA.No. 1372 of 2010(G) ------------------------------------- [O.P(M.V).NO.609/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI] .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. KAIRUNISA, AGED 46 YEARS, W/O.MUHAMMED (LATE), RESIDING AT MUDERIYAL HOUSE, CHEMMAD POST, NOW RESIDING AT POOVILPETTY HOUSE, MANJERI POST, MALAPPURAM DISTRICT. 2. NAZIR V.V., AGED 30 YEARS, S/O.MUHAMMED (LATE), RESIDING AT MUDERIYAL HOUSE, CHEMMAD POST, NOW RESIDING AT POOVILPETTY HOUSE, MANJERI POST, MALAPPURAM DISTRICT. 3. REFEEQE V.V., AGED 28 YEARS, S/O.MUHAMMED (LATE), RESIDING AT MUDERIYAL HOUSE, CHEMMAD POST, NOW RESIDING AT POOVILPETTY HOUSE, MANJERI POST, MALAPPURAM DISTRICT. 4. SIDDIQUE V.V., AGED 25 YEARS, S/O.MUHAMMED (LATE), RESIDING AT MUDERIYAL HOUSE, CHEMMAD POST, NOW RESIDING AT POOVILPETTY HOUSE, MANJERI POST, MALAPPURAM DISTRICT. 5. THASNEEM V.V., AGED 22 YEARS, D/O.MUHAMMED (LATE), RESIDING AT MUDERIYAL HOUSE, CHEMMAD POST, NOW RESIDING AT POOVILPETTY HOUSE, MANJERI POST, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SUDHEER KUMAR, S/O.KRISHNADASAN, RESIDING AT SHEEBA NILAYAM, RAMANATTUKARA, RAMANATTUKARA P.O. M.A.C.A. NO.1372/2010-G: 2. KRISHNAN, S/O.KADUNGI, KILLIKAYIL HOUSE, P.O. IRINGALLORE, VENGARA, MALAPPURAM DISTRICT. 3. UNITED INDIA INSURENCE CO. LTD., KOZHIKODE P.O. R3 BY ADV. SRI.RAJAN P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1372 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.609 of 2002 on the file of the Motor Accidents Claims Tribunal, Manjeri. They are the wife and children of deceased Muhammed who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated March 30, 2006 awarding a compensation of Rs.2,26,333/- for the loss caused to them on account of the death of Muhammed in that accident. 2. The accident occurred on March 11, 2001 at about 2 p.m. at Pookiparamba. While deceased Muhammed was travelling in a bus from Valancheri to his house and reached at Pookiparamba, it dashed against the back side of a car proceeding in front, capsized on the road and caught fire. Deceased Muhammed sustained severe burn injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the first respondent driver of the bus, the claimants filed the O.P. before the Tribunal MACA 1372/2010 2 claiming a compensation of Rs. 6 lakhs. 3. Respondents1 and 2, the driver and owner of the offending bus, remained absent and they were set ex parte by the Tribunal. The third respondent, insurer of the offending bus, filed a written statement admitting the policy but denied the liability. PW1 was examined and Exts. A1 to A3 were marked on the side of the claimants. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the first respondent and awarded a compensation of Rs.2,26,333/- with interest @ 5% per annum from the date of petition till realization and a cost of Rs.1,000/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimants and the 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 first respondent, driver of the offending vehicle, and that the deceased died as a result of the injuries sustained in the accident MACA 1372/2010 3 are not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.2,26,333/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 1,000 Funeral expenses : Rs. 2,000 Loss of estate : Rs. 5,000 Loss of consortium : Rs. 20,000 Pain and suffering : Rs. 25,000 Loss of dependency : Rs.1,73,333 ------------------ Total : Rs.2,26,333 ======== 7. The counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 8. The Tribunal took the annual income of the deceased as Rs.20,000/-. After deducting 1/3rd for his personal expenses, balance amount of Rs.13,333/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 13 and awarded a compensation of Rs.1,73,333/- for the loss of MACA 1372/2010 4 dependency. The deceased was aged 50 at the time of accident and was working as Watchmaker earning Rs.6,000/- per month, according to the claimants. Taking into consideration the above aspect, we feel that the 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. Multiplier of 13 adopted by the Tribunal is not seriously challenged. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.2,60,000/-. Thus, the claimants are entitled an additional compensation of Rs.86,667/- on this count. 9. The Tribunal awarded interest only @ 5% 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. Regarding the MACA 1372/2010 5 apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 10. In the result, the claimants are found entitled to an additional compensation of Rs.86,667/-, rounded to Rs.86,670/- with interest at 7.5% p.a. from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. They are also entitled to proportionate costs. There is a delay of 1430 days in representing the appeal. The claimants are not entitled to interest for the said period. The third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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. mn.