IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 MACA.No. 1032 of 2005 B ----------------------------------------------- APPELLANT(S): PETITIONERS: ------------------------------------------- 1. KATHREENA FRANCIS, AGED 42 YEARS, W/O.FRANCIS JOSEPH (LATE). 2. MARIAMMA, AGED 25 YEARS, D/O.FRANCIS JOSEPH (LATE). 3. JOSEPH, S/O.FRANCIS JOSEPH (LATE) AGED 23 YEARS, ALL ARE RESIDING AT NELLIMOOTTIL HOUSE, KARAPPURAM P.O., EDAKKARA, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): RESPONDENTS: ------------------------------------------------- 1. SREEJI.S.KUMAR, S/O.SAHAJAN VYDYAR, CHUVADUPARAMBIL HOUSE, NETTIKULAM, CHUNGATHARA, MALAPPURAM DIST (DRIVER). 2. E.M.MATHEW, S/O.MATHAI, EATTIKKOL HOUSE, UPPADA P.O., NETTIKULAM. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, A.M.BUILDING, HOSPITAL ROAD, NILAMBUR. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- M.A.C.A.NO.1032 OF 2005 B --------------------------------------------------- Dated this the 11th August, 2009 JUDGMENT K.M. Joseph, J. Delay condoned. Since insurance is admitted and the Appeal relates only to quantum, we are dispensing with notice to respondents 1 and 2. We are taking up the Appeal for hearing. 2. Appellants are the widow and children of a person who died as a result of the injuries sustained in a motor accident. The tribunal has awarded a total sum of Rs.1,63,000/= with 6 per cent interest. Learned counsel for the appellants would contend that the tribunal has erred in taking income at Rs.1,250/= per month. Also, the tribunal has awarded only Rs.5,000/= towards loss of consortium, it is contended. It is also pointed out that the first appellant was only 37 years of age when she became a widow. It is pointed out that no amount has been awarded towards love and affection. Rs.5,000/= was awarded towards MACA.NO.1032/05 B 2 pain and suffering. He further contends that only 6 per cent interest is awarded. Learned counsel for the third respondent supports the award. 3. The first question to be considered is what was the income of the deceased. The first appellant was examined as PW1. She has tendered evidence that the deceased was get4ting an income of Rs.4,000/= per month. The deceased was a cooli worker. Apart from the testimony of the first appellant, there is no other evidence. From the nature of the employment, one cannot expect documentary evidence as such. However, we feel that, having regard to the nature of the work and the date of the accident (02.5.1999), we can take the income at Rs.1,800/= per month. We further notice that going by the dicta of the Apex Court in Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. (JT 2009 (6) SC 495), this is a case where the family of the deceased consisted of himself and his wife and two children. In such circumstances, we feel that the deduction towards personal expenses should be only 1/4th and not 1/3rd. MACA.NO.1032/05 B 3 Taking the income at Rs.1,800/= per month and reducing only 1/4th towards personal expenses of the deceased, the monthly income would be Rs.1,350/= and on a multiplier of 15, the appellants would be entitled to Rs.2,43,000/= towards dependency as against Rs.1,50,000/= awarded by the tribunal. Thus, the appellant would be entitled to Rs.93,000/= more under the head “loss of dependency”. No amount is awarded towards loss of love and affection. The appellants should have been justly compensated for the loss of love and affection. Hence we award Rs.10,000/= towards loss of love and affection. The widow was only 37 years of age and we find the amount of Rs.5,000/= awarded towards loss of consortium is meagre. We award Rs.5,000/= more. Thus, the upshot of this discussion is that the appellants are entitled to a total sum of Rs.1,08,000/= more. We further uphold the contention of the appellants that the rate of interest should have been 7.5 per cent on the amount which was awarded. Accordingly, the amount already awarded will bear interest at 7.5 per cent from the date of the petition till MACA.NO.1032/05 B 4 the date of realisation. The appellants are allowed to realise a sum of Rs.1,08,000/= more with 7.5 per cent interest from the third respondent from the date of the petition till the date of realisation. The third respondent will deposit the amount as ordered within a period of two months from today. The Appeal is allowed as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge