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 30TH JULY 2010 / 8TH SRAVANA 1932 MACA.No. 801 of 2004() ---------------------- OPMV.1555/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANT/PETITIONERS ----------------------------------- 1. VALSALA, AGED 40, D/O.DEVAKI, VALSALA BHAVAN, CHADAYAMANGALAM, KOTTARAKKARA TALUK, POREDAM P.O. 2. ARUN DAS, AGED 20, S/O.VALSALA, VALSALA BHAVAN, CHADAYAMANGALAM, KOTTARAKKARA TALUK, POREDAM P.O. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. SURESH.S., SARITHA BHAVAN, VARKKALA P.O., VARKKALA. 2. BOBY, S/O.SETHU, BOBY VILASOM, MANALAYAM, POREDAM P.O., CHADAYAMANGALAM. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., KOLLAM. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.801 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2010 JUDGMENT Barkath Ali, J. One Anil Das, a boy aged 14 died in a motor accident which occurred on November 14, 1999. Appellants/claimants are his mother and brother. The accident happened when the bus bearing Reg.No.KRN/3681 in which he was travelling along with his mother along Chadayamangalam-Pallickal public road, it toppled and fell down in to the canal below the road at Kallladathanny. Alleging negligence against the second respondent, the driver of the bus, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs. 8,00,000/-. 2. Respondents 1 and 2, the owner and the driver of the bus respectively, remained absent before the Tribunal. The third respondent, Insurance Company of the offending bus, filed a written statement admitting the policy of the bus. 3. This O.P. was jointly tried along with several other O.Ps. filed by the other injured persons in the accident and a common award MACA.No.801/2004 2 was passed. The first claimant was examined as PW17 and Exts.A64, A65 and A 67 series were marked on the side of the claimants. On the side of the contesting third respondent Ext.B1 was marked. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 1,49,000/- with interest @ 6% per annum 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. 4. Heard the counsel for the appellants/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 on the part of the second respondent is 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 break up of the compensation awarded by the Tribunal is as under : Transportation expenses - Rs. 1000/- Funeral expenses - Rs. 2,000/- Pain and suffering - Rs.10,000/- Loss of happiness - Rs. 10,000/- MACA.No.801/2004 3 Loss of dependency - Rs. 1,26,000/- 7. Counsel for the claimants sought enhancement of the compensation for the loss of dependency and for the pain and suffering endured by the deceased. 8. The Tribunal took the monthly notional income of the deceased as Rs.1500/- and deducted 1/3 for his personal expenses for the first seven years and deducted 2/3 for the next 8 years and awarded Rs. 1,26,000/- for loss of dependency. As the deceased was a boy aged 14, the Tribunal is perfectly justified in taking his monthly income as Rs. 1500/- and adopting a multiplier of 15. But the Tribunal is not justified in deducting 2/3 for the 8 years. As per the Second Schedule to the Motor Vehicles Act, only 1/3 need be deducted for the personal expenses. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.1,80,000/- ( 12,000 x 15). Thus on this count, the claimants are entitled to an additional compensation of Rs. 54,000/-. 9. The Tribunal awarded Rs. 10,000/- for the pain and suffering endured by the deceased. Taking into consideration the circumstances of the case, we feel that a compensation of Rs. 20,000/- MACA.No.801/2004 4 would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. 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 realisation for the compensation already awarded and also for the enhanced compensation. 11. In the result, the claimants are found entitled to an additional compensation of Rs. 64,000/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified to the above extent. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE sv P.Q.BARKATH ALI, JUDGE MACA.No.801/2004 5 sv. MACA.No.801/2004 6