IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 MACA.No. 410 of 2009() ---------------------------------- OPMV.606/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): CLAIMANTS ----------------------------------------- 1. GANGADHARAN, KARUTHEDATH HOUSE, THEYYANGAD, PONNANI P.O., 2. LEELA, W/O. GANGADHAAN, DO..... 3. MAHESH, S/O. GANGADHARAN, DO.... 4. RANJIMA, D/O. GANGADHARAN, DO..... BY ADV. SRI.A.KRISHNAN RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. P.K. PARRED, S/O. KOCHUNNI, PALLIPARAMBIL HOUSE, VAZHAKKALA P.O., KAKKANAD, ERNAULAM DIST. * 2. N.N. RAJU, S/O. MATHAI, NADUVILNGAL HOUSE, KAROTHUKUZHI, ZLUVA. (DELETED) THE NAME OF THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DTD. 28.3.2011 IN IA.890/11 AT THE RISK OF THE APPELLANT. 3. ORIENTAL INSURANCE CO. LTD., BR. OFFICE II, JEWEL ARCADE, LAYAM ROAD, COCHIN. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No.410 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of April, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.606/2005 on the file of the Motor Accidents Claims Tribunal, Tirur. They are the parents, brother and the sister of deceased Ratheesh who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated November 7, 2007 awarding a compensation of `2,12,000/- for the loss caused to them on account of the death of Ratheesh in that accident. 2. The accident occurred on March 13, 2005 at about 8 p.m. at Theyyangad. While deceased Ratheesh was cycling along the Ponnani – C.V.Junction public road, he was knocked down by a lorry bearing registration No.KL-7/G 3096, driven by the second respondent. He sustained serious injuries and he succumbed to the injuries sustained on the way to the hospital. Alleging negligence against the second respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of `7,00,000/-. MACA 410/2009 2 3. The first respondent, the owner of the offending lorry, filed a written statement admitting the accident, but denied the negligence of the second respondent. The second respondent, the driver of the offending lorry, remained absent and he was set ex parte by the Tribunal. The third respondent, insurer of the offending lorry, filed a written statement admitting the policy, but attributed negligence to the deceased. PWs.1 and 2 were examined and Exts. A1 to A 8 were marked on the side of the claimants. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to the negligence of the second respondent and awarded a compensation of ` 2,12,000/- with interest @ 6% per annum from the date of petition till realization and a cost of Rs.2,000/-.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 MACA 410/2009 3 the second respondent, driver of the offending lorry, and that the deceased died as a result of the injuries sustained in the accident 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 `2,12,000/-. Break up of the compensation awarded is as under:- Transport to hospital : ` 2,000 Pain and suffering : ` 10,000 Loss of dependency : `1,98,000 Funeral expenses : ` 2,000 ------------------ Total : `2,12,000 ======== 7. The counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. He also pointed out that no compensation was awarded by the Tribunal for loss of love and affection. 8. The Tribunal took the monthly contribution of the deceased to the family as `1,500/-, adopted a multiplier of 11 MACA 410/2009 4 and awarded a compensation of `1,98,000/- for the loss of dependency. The deceased was a Mason aged 19 at the time fo the accident earning `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 `3,000/-. After deducting 1/3rd for his personal expenses, balance amount of ` 2,000/- can be taken as his monthly contribution to his family, which comes to Rs.24,000/- per annum. Multiplier of 11 adopted by the Tribunal appears to be reasonable. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of `2,64,000/- (` 24,000/- x 11). Thus, the claimants are entitled an additional compensation of ` 66,000/- on this count. 9. No compensation was seen awarded by the Tribunal for the loss of love and affection. Taking into consideration the age of the deceased and the age of the claimants, we feel that a compensation of ` 25,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are MACA 410/2009 5 not disturbing the same. Regarding the 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 additional compensation of `91,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. They are entitled to interest @ 7.5% p.a. for the compensation already awarded and also for the enhanced compensation from the date of petition till realization and proportionate costs. The third respondent, 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.