IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 MACA.No. 174 of 2005() ---------------------- OPMV.3556/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. AMMINI W/O. LATE RAMAN, RESIDING AT AEROLI HOUSE, VENGINISSERY, P.O.PARALAM, THRISSUR DISTRICT. 2. RAJANI D/O. LATE RAMAN, RESIDING AT AEROLI HOUSE, VENGINISSERY P.O.PARALAM, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): RESPONDENTS -------------------------- 1. SUNIL KUMAR, S/O. VELAPPAN, RESIDING AT KALATHIL HOUSE, PALAPOTTA, PARIYAMIYARA, PALAKKAD.( DELETED) 2. MOHANAN S/O. PONNU, RESIDING AT KALLAPURATH HOUSE, P.O.POONCHOLA, MANTHONI, MANNARKKAD, PALAKKAD 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, M.A.LANE, PALAKKAD. FIRST RESPONDENT DELETED AT THE RISK OF THE APPELLANT VIDE ORDER DATED 1-3-2011 IN I.A.NO.625/2011. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.174 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV) No.3556/2000 on the file of the Motor Accidents Claims Tribunal, Thrissur. They are the mother and sister of deceased Rajeev who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated July 5, 2004 awarding a compensation of Rs.3,22,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On October 8, 2000 at about 4 p.m., while deceased Rajeev was riding a motor cycle bearing Reg.No.KL-8/P 5221 from Kozhinjampra to Pollachi and when he reached at Vannamada, he was knocked down by a tempo van bearing Reg.No.KL-9/C 3990 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital on the same day. Alleging negligence against the driver of the tempo van, the claimants filed the OP under Sec.166 of the Motor MACA.No.174/2005 2 Vehicles Act claiming a compensation of Rs.3,50,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending tempo van remained absent before the Tribunal. The third respondent, the insurer of the offending tempo van filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A12 were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.3,22,000/- with interest at the rate of 6% per annum from the date of petition till realisation. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. 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 MACA.No.174/2005 3 which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.3,22,000/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.2,88,000/- Transport to hospital - Rs. 1,000/- Funeral expenses - Rs. 3,000/- Pain and suffering - Rs. 10,000/- Loss of love and affection - Rs. 20,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.2,000/- which works out to Rs. 24,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 16,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 18 as the deceased was aged 26 at the time of the accident and awarded Rs. 2,88,000/- for loss of dependency. Taking into consideration the fact that deceased was a goldsmith, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 2,750/- which comes to Rs. 33,000/- per annum. After deducting 1/3 for his MACA.No.174/2005 4 personal expenses, the balance amount of Rs. 22,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 18 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,96,000/- (22,000 x 18). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,08,000/-. 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. 1,08,000/-. 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 MACA.No.174/2005 5 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 P.Q.BARKATH ALI, JUDGE sv.