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 OCTOBER 2010 / 15TH ASWINA 1932 MACA.No. 1636 of 2005() ------------------------------ OPMV.354/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S)/PETITIONERS: ----------------------------------- 1. CHINNAMMA, AGED 52 YEARS, W/O. LATE VRGHESE, NEDUMPILLIL HOUSE, P.O. KUMBELERI, AMBALAVAYAL AMSOM, DESOM, S. BATHERY TALUK. 2. SUNIJA, AGED 20 YEARS, D/O. LATE VARGHESE, NEDUMPILLIL HOUSE, KUMBELERI P.O., AMBALAVAYAL AMSOM DESOM, S. BATHERY TALUK. BY ADV. SRI.SHAJI JOSEPH RESPONDENT(S)/ RESPONDENTS --------------------------------------- 1. MOOSA, S/O. UNNIYAN, KALTHIL VEEDU, ERUMADU P.O., PANDALOOR TALUK, NEELGIRI DISTRICT, DRIVER OF THE LORRY KL 10C 1588. 2. K. IMBICHAIMMEDH, S/O. KUNHU MOHAMMED KADAVATH HOUSE, PULICKAL P.O., MALAPPURAM DISTRICT (OWNER OF THE LORRY KL 10C 1588). 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., NOORANAL BUIDING, MYSORE ROAD, S. BATHERY, (INSURER OF THE LORRY KL 10C 1588). R3 BY ADV. SRI.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ A.K.BASHEER & P.Q.BARKATH ALI, JJ. ---------------------------------------------------- M.A.C.A. No.1636 of 2005 --------------------------------------------- Dated this the 7 th day of October, 2010. JUDGMENT P.Q.BARKATH ALI, J Appellants are the claimants in O.P. (M.V) No.354/1999 on the file of the Motor Accident Claims Tribunal, Kalpetta, Wayanad. They are the mother and sister of deceased Mr.Sunil, who died in a motor accident that occurred on 20th March 1999. 2. The accident happened while deceased Mr.Sunil was travelling in a lorry bearing Registration No.KL-10 / C 1588. When the lorry reached at Kaikonny, deceased got down from the lorry for showing the way to the driver. While he was giving direction to the driver, the driver of the lorry took the lorry in a rash and negligent manner and left back wheel of the lorry ran over the deceased. The deceased died on the spot, alleging negligence against the driver of the lorry. The Ist respondent/claimants filed the O.P before the Tribunal under Section 166 of Motor Vehicle Act claiming M.A.C.A. No.1636/2005 2 compensation of Rs.6,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending lorry filed a written statement admitting the accident but denied the liability. The 3rd respondent/Insurer of the offending lorry admitted the policy of the vehicle. PW1 was examined and Exts.A1 to A4 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of evidence, the tribunal found that the accident occurred due to the negligence of the Ist respondent and awarded a compensation of Rs.2,61,500/- with interest at the rate of 6% per annum from the date of petition till realization and proportionate cost. The claimants has now 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 was not disputed. The finding of the tribunal that the accident occurred due to the negligence on the part of the Ist respondent, the driver of the offending lorry is not challenged in this appeal. Therefore, the only M.A.C.A. No.1636/2005 3 question which arises for consideration is whether the claimant is entitled to any enhancement of compensation. 6. The tribunal awarded a total compensation of Rs.2,61,500/- . The break up of the compensation amount awarded as under:- Loss of dependency : Rs.2,04,000/- Pain and suffering : Rs.5,000/- Funeral expenses : Rs.2,000/- Transport to Hospital : Rs.500/- Loss of love and affection : Rs.50,000/- 7. The counsel for the claimants sought enhancement of compensation for the loss of dependency and on other heads. The tribunal took the monthly income of the deceased as Rs.1,500/- and after deducting 1/3rd for his personal expenses, took the balance amount of Rs.1,000/- per month as his monthly contribution to his family which comes to Rs.12,000/- per annum. As the deceased was aged 24, at the time of the accident, a multiplier of 17 was taken and a compensation of Rs.2,04,000/- was awarded by the tribunal for the loss of dependency. The deceased was employed as a cleaner of the lorry earning Rs.4,500/- per M.A.C.A. No.1636/2005 4 month according to the claimants. Taking into account, the above facts we feel that his monthly income can be reasonably fixed at Rs.3,000/-. After deducting 1/3rd for his personal expenses, balance amount of Rs.2,000/- per month can be taken as his monthly contribution to his family which comes to Rs.24,000/- per annum. The tribunal adopted a multiplier of 17. The deceased was a bachelor, claimants are his mother aged 52 and sister aged 20. Therefore, we feel that a multiplier 11 would be reasonable in this case. Thus calculated for the loss of dependency, claimants are entitled to a compensation of Rs.2,64,000/-(24,000 x 11). Thus on this ground, claimants are entitled to an additional compensation of Rs.60,000/-. As regards compensation awarded under other heads, we find the same to be reasonable and therefore are not for disturbing the same. 8. There is another aspect in this case, the tribunal granted interest only at the rate of 6% per annum, which appears to be very low. The claimants are entitled to have interest at the rate of 7.5% per annum on the compensation already awarded and for the enhanced compensation. M.A.C.A. No.1636/2005 5 9. Thus, claimants are found entitled to an additional compensation of Rs.60,000/-. They are entitled to interest at the rate of 7% per annum from the date of petition till realization and proportionate cost. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of the receipt of the copy of this judgment. In the result, appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE ss/-