IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 MACA.No. 393 of 2007 ---------------------- OP(MV).919/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO.LTD., PATTAMBI, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/ CLAIMANTS ------------------------------- 1. SAID MUHAMMED @ BAVA, S/O.V.K.KUNHAN, KAVUNGIL VALAPPIL HOUSE, (PO) MALA, KAKKATTIRI, OTTAPPALAM TALUK, PALAKKAD DIST. 2. KADEEJA, W/O.SAID MUHAMED @ BAVA, KAVUNGIL VALAPPIL HOUSE, (PO) MALA, KAKKATTIRI, OTTAPALAM TALUK, PALAKKAD DISTRICT. R1 AND R2 BY ADV. SRI.THOMAS ABRAHAM R1 BY ADV. SRI.K.B.ARUNKUMAR . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2009, ALONG WITH M.A.C.A. NO. 1156 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ................................................................................ M.A.C.A. Nos.393 & 1156 OF 2007 ......................................................................... Dated this the 25th November, 2009 J U D G M E N T P.R. Raman, J: The appellants are the parents of the deceased Noushad, who died in a motor accident on 14.05.2004. The deceased was the rider of the motor cycle, which was hit by a car coming from the opposite direction in a rash and negligent manner. The Tribunal, on an analysis found that the car driver was negligent. 2. While quantifying the amount to be awarded by way of compensation, considering the age of the deceased and that of his father/claimant, 15 was adopted as the multiplier. His income was taken as Rs.3000/-, 1/3rd was deducted and dependency was worked out at Rs.3,60,000/-. For loss of love and affection, Rs.30,000/- was awarded. Towards funeral expense, Rs, 5000/- was awarded. Towards 'Travelling M.A.C.A. Nos.393 & 1156 OF 2007 2 expenses', Rs.4000/- was awarded. Thus an amount of Rs. 4,33,467/- was awarded, besides cost of Rs. 3000/- 3. Both the Insurance company as also the claimants have preferred appeals . While the claimants would seek for further enhancement, the Insurance company would contend that the dependency compensation arrived at adopting uniform deduction of 1/3rd, that too in the case of a bachelor was not strictly in accordance with the settled principles . 4. We heard both the sides. There is force in the arguments that deduction at uniform rate in the case of bachelors is not usually done, but at the same time, we have also to see that the future prospects of the deceased is also to be taken, in case the dependency component to the family is to be reduced. Therefore, we take, Rs.1600/- as the monthly contribution of the deceased to the family throughout and on re-working of the compensation, the appellants will be entitled for Rs.2,88.000/- in the place of Rs. 3,60,000/-. Reasonable amount has been awarded under other heads. The Tribunal has awarded interest at the rate of 6% per annum only, on the failure of compliance M.A.C.A. Nos.393 & 1156 OF 2007 3 on the part of the Insurance Company within 30 days. We find that the claimants are entitled for interest on the award amount at the rate of 7% per annum from the date of the petition till realisation. Accordingly, we modify the rate of interest as well as the period and we direct that the entire amount will carry interest at the rate of 7% from the date of petition till realisation. Both the appeals are allowed in part. The Insurance Company shall deposit the balance amount less what has been deposited, within a period of two months. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk