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 17TH MARCH 2011 / 26TH PHALGUNA 1932 MACA.No. 234 of 2006() ----------------------------------- OPMV.671/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): /PETITIONER. -------------------------------------------- 1. SARASAMMA SISTER OF SABU, KUNNATH HOUSE, THIRUNELLUR, CHERTHALA. 2. PADMAKSHY, W/O.PADMANABHAN, OF DO. DO. 3. PADMANABHAN, S/O.ACHUTHAN, OF DO. DO. 4. KUNJUMON, S/O.PADMANABHAN, OF DO. DO. BY ADVS. SRI.T.B.SARASAN SRI.M.V.BAIJU RESPONDENT(S): RESPONDENTS. --------------------------- 1. AJAYAN, S/O.KESAVAN, POKATHARA VEEDU, THIRUNELLUR PO, CHERTHALA. 2. V.T.PURUSHOTHAMAN, VELIKKAKATHU VELI, THIRUNELLUR PO. CHERTHALA. 3. THE NEW INDIA ASSURANCE CO.LTD., REPRESENTED BY ITS BRNCH MANAGER, EDATHIL BUILDING S, THOPPUMPADY, COCHIN 682 057. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE R3 BY ADV. SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 234 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.671/1999 on the file of the Motor Accidents Claims Tribunal, Alappuzha. Claimants are the parents, sister and brother of Sabu who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated April 20, 2005 awarding a compensation of Rs.1,92,000/- for the loss caused to them on account of death of Sabu in the accident. 2. The accident happened on May 11, 1999. While deceased Sabu was going to Guruvayoor with his family in a tempo trax and when they reached at Vittila bridge the vehicle skidded and overturned. He sustained very serious injuries and he succumbed to the injuries sustained while undergoing treatment in the Medical Trust Hospital, MACA 234/2006 2 Ernakulam. Alleging negligence against first respondent driver of the tempo trax, the claimants filed the O.P. before the tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.8 lakhs. 3. Respondents 1 and 2, driver and owner of the offending vehicle, remained absent and they were set ex parte by the Tribunal. The third respondent, insurer of the offending vehicle, though entered appearance did not file any written statement. 4. PWs.1 and 2 were examined and Exts.A1 to A7 and Ext.X1 were marked on the side of the claimants. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the first respondent, driver of the offending vehicle, and awarded a compensation of Rs.1,92,000/- with interest @ 6% per annum from the date of petition till realization and a cost of Rs.2,500/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the MACA 234/2006 3 Tribunal. 5. Heard the counsel for the claimant 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 of the first respondent, the driver of the offending vehicle, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,92,000/-. Break up of the compensation amount awarded is as under:- Funeral expenses : Rs. 3,000 Treatment expenses : Rs. 3,000 Pain and suffering : Rs. 10,000 Loss of dependency : Rs.1,76,000 ------------------ Total : Rs.1,92,000 ======== 8. Learned counsel for the claimant sought enhancement of the compensation for the loss of dependency and on other heads. MACA 234/2006 4 9. The Tribunal took the monthly income of the deceased as Rs.2,000/-, which comes to Rs.24,000/- per annum and after deducting 1/3rd for his personal expenses balance amount of Rs.16,000/- was taken as his annual contribution to his family. The Tribunal adopted multiplier of 11, as he was aged 28 at the time of the accident and awarded a compensation of Rs.1,76,000/- for the loss of dependency. Taking into consideration the fact that the deceased was a Weaver, we feel that his monthly income can reasonably be fixed at Rs.3,000/-, which comes to Rs.36,000/- per annum. After deducting 1/3rd for his personal expenses balance amount of Rs.24,000/- can be taken as his annual contribution to his family. Multiplier adopted by the Tribunal as 11 is not seriously challenged in this appeal. Thus the claimants are entitled to a compensation of Rs2,64,000/- (Rs.24,000/- x 11) for the loss of dependency. Thus the claimants are entitled to an additional compensation of Rs.88,000/- on this count. 10. No compensation was seen awarded by the MACA 234/2006 5 Tribunal for loss of love and affection and for loss of estate. Taking into consideration the age of the deceased and the age of the claimants, we feel that a compensation of Rs.25,000/- for loss of love and affection and Rs.2,500/- for loss of estate would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. Regarding the apportionment and disbursement of the same, the direction of the Tribunal will stand. 11. In the result, the claimants are found entitled to an additional compensation of Rs.1,15,500/-. 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 realization for the compensation already awarded and also for the enhanced compensation. They are also entitled to proportionate costs. The third respondent being insurer of the offending vehicle is directed to deposit the amount within two months from the date of receipt of a copy of this judgment with notice to MACA 234/2006 6 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.