IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 MACA.No. 1558 of 2005() ----------------------- (OPMV.1519/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANTS/PETITIONERS IN OP(MV). --------------------------------------------------------- 1. DEENA, W/O.RAVEENDRAN, MANAMMEL HOUSE, VELLANGALLORE P.O., MUKUNDAPURAM TALUK. 2. SRUTHY RAVEENDRAN (MINOR) AGED 11 YEARS, D/O.LATE RAVEENDRAN, MANAMMEL HOUSE, VELLANGALLORE P.O., MUKUNDAPURAM TALUK, REPRESENTED BY HIS NEXT FRIEND AND GUARDIAN, MOTHER DEENA, 1ST APPELLANT. 3. SWATHY RAVEENDRAN (MINOR), AGED 9 YEARS, D/O.LATE RAVEENDRAN, MANAMMEL HOUSE, VELLANGALLORE P.O., MUKUNDAPURAM TALUK, REPRESENTED BY HIS NEXT-FRIEND AND GUARDIAN, MOTHER DEENA, 1ST APPELLANT. 4. SUSEELA AMMA, M/O.RAVEENDRAN, MANAMMEL HOUSE, VELLANGALLORE P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP (MV) ------------------------------------------------------------ 1. K.M.ANWAR, KURIKKAL HOUSE, MATHILAKAM P.O. 2. JINESH C.R., S/O.RAGHAVAN, CHOWRIYADATH HOUSE, KODUNGALLUR P.O. 3. MANAGER, NATIONAL INSURANCE CO LTD., MUNICIPAL SHOPPING COMPLEX, NORTH PARAVUR. R3 BY ADV. SRI.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26.11.2010 , THE COURT ON 26/11/2010 PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1558 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 26th day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No.1519 of 1999 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the wife, two minor children and mother of deceased Ravindran who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated June 4, 2005 awarding a compensation of Rs.3,92,960/- for the loss caused to them on account of the death of Ravindran in the accident. 2. The accident happened on 13-10-1999 at about 7.15 a.m. Deceased Ravindran was travelling in a bus bearing registration No.KL-7/U 8118 along Moothakunnam – Kottapuram public road and when the bus reached at Kottapuram Toll , due to the negligence of the driver, it hit on the divider and capsized. The deceased sustained serious injuries and he succumbed to the injuries sustained while MACA 1558/2005 2 undergoing treatment in the hospital. The claimant filed the Original Petition before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.10 lakhs, alleging negligence against 2nd respondent, driver of the bus. 3. Respondents 1 and 2 the owner and the driver of the offending bus remained absent and they were set ex parte by the Tribunal. The 3rd respondent Insurance Company filed a written statement admitting the policy. PW1 was examined and Exts. A1 to A9 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the 2nd respondent and awarded a compensation of Rs.3,92,960/- with interest at 6% per annum from the date of petition till realization and proportionate costs. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. MACA 1558/2005 3 4. Heard the learned counsel for the claimants and the learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent driver of the offending bus is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimants are entitled to any enhanced compensation ? 6. The Tribunal awarded a total compensation of Rs.3,92,960/-. Break up of the compensation awarded is as under:- Funeral expenses : Rs. 2,000/- Loss of estate : Rs. 2,500/- Transport to hospital : Rs. 750/- Loss of consortium : Rs. 10,000/- Loss of love and affection : Rs. 10,000/- Pain and suffering : Rs. 5,000/- Cost of extra nourishment : Rs. 500/- Medical expenses : Rs. 22,210/- Loss of dependency : Rs.3,40,000/- ------------------ Total : Rs.3,92,960/- ======== 7. The learned counsel for the claimants sought MACA 1558/2005 4 enhancement of compensation awarded by the Tribunal for the loss of dependency, for loss of consortium, for loss of love and affection and for pain and suffering endured by the deceased. 8. The Tribunal took the monthly income of the deceased as Rs.2,500/-, which comes to Rs.30,000/- per month. After deducting 1/3rd for his personal expenses balance amount of Rs.20,000/- per annum was taken as his annual contribution to his family and adopted a multiplier of 17 and awarded a compensation of Rs.3,40,000/- towards the loss of dependency. According to the claimants, the deceased was working in Winner Seals Private Ltd., Development Area, Muvattupuzha and was earning Rs.4,555/-, as revealed from Ext.A9 certificate issued form the employer of the deceased. Taking into consideration the above aspect, we feel that monthly contribution of the deceased to his family can reasonably be fixed at Rs.3,000/-. The Tribunal deducted 1/3rd for personal expenses of the deceased. There are four dependents of the deceased. MACA 1558/2005 5 Therefore, in the light of a decision of the Supreme Court in Sarala Verma V. Delhi Transport Corporation (AIR 2009 (3) SC 487), only 1/4th shall be deducted for the personal expenses of the deceased. Therefore, after deducting 1/4th towards personal expenses of the deceased, balance amount of Rs.27,000/- per annum can be taken as his annual contribution to his family. Multiplier adopted by the Tribunal as 17 is not seriously challenged. Therefore, for the loss of dependency the claimants are entitled to a compensation of Rs.4,59,000/- (Rs.27,000/- x 17). Therefore, on this count the claimants are entitled to an additional compensation of Rs.1,19,000/-. 9. The Tribunal awarded Rs.10,000/- for loss of consortium, Rs.10,000/- for loss of love and affection and Rs.5,000/- towards pain and suffering endured by the deceased. Taking into consideration the age of 1st claimant widow, we feel that a a compensation of Rs.15,000/- for the loss of consortium would be reasonable. The 1st claimant was aged 29 and the two children were aged 5 and 3 MACA 1558/2005 6 respectively at the time of the accident. Therefore, we feel that towards loss of love and affection a compensation of Rs.20,000/- would be reasonable. For pain and suffering endured by the deceased, we feel that a compensation of Rs.10,000/- would be adequate. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. 10. In the result, the claimants are found entitled to an additional compensation of Rs.1,39,000/-. The Tribunal awarded interest only @ 6% per annum from the date of petition till realization, which appears to be very low. The claimants are entitled to interest at the rate of 7.5% per annum from the date of petition petition till realization for the compensation already awarded by the Tribunal and also for the enhanced compensation. They are entitled to proportionate costs. The 3rd respondent/Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to MACA 1558/2005 7 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.