IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 MACA.No. 2366 of 2007() ----------------------- OPMV.884/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. SELMA, W/O.KUNHABDULLA (LATE) KUTTENKANDIYIL HOUSE, KATAMERI P.O. VILLIAPPALLY, VATAKARA, PIN.673 542. 2. ASHAR, AGED 5 YEARS (MINOR) S/O.SELMA, KUTTENKANDIYIL HOUSE, KATAMERI P.O., VILLIAPPALLY VATAKARA, PIN. 673 542 REP. BY HIS MOTHER SELMA 3. BIYYATHU, AGED 62 YEARS, W/O.SOOPPY (LATE), KUTTENKANDIYIL HOUSE, KATAMERI PO, VILLIAPPALLY, VATAKARA, PIN. 673 542. (MOTHER OF THE DECEASED). BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENTS/ RESPONDENTS -------------------------- 1. KURUVILA T.T., S/O.THOMAS VAIDYAN, VAZHICHERRY, ALAPPUZHA PIN.688 001 (R.C.OWNER OF THE KL-4L-2729 LORRY). 2. SURESH, S/O.SOMAN, PANAYIL LAKSHAM VEEDU, MANNANCHERRY (PO), ALAPPUZHA PIN. 688 538. (DRIVER OF THE KL-4L-2729 LORRY). 3. NEW INDIA ASSURANCE CO.LTD., P.B.NO.74, MOWARD, NEAR TOWN HALL, ALAPPUZHA - 688 001 (INSURER OF THE KL-4L-2729 LORRY). ADV. SRI.RENIL ANTO KANDANKULATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2366 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)No.884/2003 on the file of the Motor Accidents Claims Tribunal, Vadakara. They are the wife, son and mother of deceased Kunhabdulla who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated February 20, 2007 awarding a compensation of Rs. 3,88,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On February 11, 2003, while the deceased was travelling in a jeep from Calicut to Kadameri and when he reached at Elathur, the jeep dashed against a lorry bearing Reg.No.KL-4L-2729 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the lorry, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.10,00,000/-. 3. Respondents 1 to 3 are the owner, driver and insurer of the MACA.No.2366/2007 2 offending lorry. Respondents 1 and 2 remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A6 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 compensation of Rs.3,88,000/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.9,750/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard 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 driver of the lorry is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. MACA.No.2366/2007 3 7. The Tribunal awarded a total compensation of Rs.3,88,000/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs. 3,60,000/- Funeral expenses - Rs. 2,000/- Transportation - Rs. 1,000/- Loss of love and affection - Rs. 20,000/- Loss of consortium - Rs. 5,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency, for loss of consortium and for loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs.3,000/- which works out to Rs. 36,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 24,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 15 and awarded Rs. 3,60,000/- for the loss of dependency. According to the claimants, the deceased was employed abroad as a Juice Maker in Quatar and used to earn Rs.18,000/- per month. Ext.A5 is his employment contract. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be MACA.No.2366/2007 4 reasonably fixed at Rs. 5,000/- which comes to Rs. 60,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 40,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 15 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 6,00,000/- ( 40,000 x 15). Thus on this count, the claimants are entitled to an additional compensation of Rs.2,40,000/-. 10. The Tribunal awarded Rs. 5,000/- for loss of consortium and Rs.20,000/- for loss of love and affection which appear to be very low. Taking into consideration the age of the deceased and the age of the claimants, we feel that a compensation of Rs. 15,000/- for loss of consortium and Rs.30,000/- for loss of love and affection would be reasonable. 11. No compensation is seen awarded for the pain and suffering endured by the deceased. In the circumstances of the case, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. MACA.No.2366/2007 5 12. 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. 13. In the result, the claimants are found entitled to an additional compensation of Rs. 2,70,000/-. 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. They are also entitled to proportionate cost. The third respondent being the insurer of the 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. MACA.No.2366/2007 6 MACA.No.2366/2007 7