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 FEBRUARY 2011 / 28TH MAGHA 1932 MACA.No. 658 of 2007() ---------------------- OPMV.1828/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. SUSAMMA ABRAHAM,W/O.LATE C.K.ABRAHAM, CHIRACKAL HOUSE,OUTPOST JUNCTION BHAGOM, KURICHI P.O.,DO KARA,KURICHI VILLAGE. 2. SUBIN ABRAHAM (MINOR), S/O.LATE C.K.ABRAHAM, -DO- 3. SAJINA @ SAJANA ABRAHAM, D/O.LATE C.K.ABRAHAM (MINOR), -DO- 4. ABRAHAM KURIAN @ KURIAKOSE, CHIRACKAL HOUSE, KURICHI KARA,DO VILLAGE. 5. SARAMMA KURIAN,W/O.ABRAHAM KURIAN, CHIRACKAL HOUSE, KURICHI KARA,DO VILLAGE. (APPELLANTS 2 & 3 (MINORS) ARE REP.BY THEIR MOTHER AND NEXT FRIEND SUSAMMA ABRAHAM,CHIRACKAL HOUSE, -DO- -DO- IST APPELLANT) BY ADV. SRI.K.A.HASHIM RESPONDENT(S): RESPONDENTS -------------------------- 1. CHELLAPPAN,NELLITHANATHU HOUSE, OUTPOST JUNCTION BHAGOM, KURICHI KARA,DO VILLAGE. 2. THOMAS K.KURIAN,KULAKKATTUSSERIYIL HOUSE,KURICHI P.O.,CHANGANACHERRY. 3. THE NATIONAL INSURANCE CO.LTD., CHANGANACHERRY. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.658 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1828/2001 on the file of the Motor Accidents Claims Tribunal, Kottayam. They are the wife, children and parents of deceased Abraham who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated May 23, 2006 awarding a compensation of Rs. 3,59,000/- for the loss caused to them on account of the death of deceased in that accident. 2. The accident occurred on June 11, 2001 at about 6.45 a.m., while the deceased was driving his goods autorickshaw from Changanacherry to Kurichy. When he reached near Anchalkutty Bhaghom, the autorickshaw dashed against the bus bearing Reg.No.KL 5B 3337 driven by the first respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained on the spot. Alleging negligence against the driver of the bus, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a MACA.No.658/2007 2 compensation of Rs.7,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A12 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.3,59,000/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.5,000/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the 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 MACA.No.658/2007 3 driver of the bus, the first respondent, is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.3,59,000/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.3,00,000/- Loss of consortium - Rs. 15,000/- Pain and suffering - Rs. 5,000/- Loss of estate - Rs. 10,000/- Transport to hospital - Rs. 1,000/- Loss of love and affection - Rs. 25,000/- Funeral expenses - Rs. 3,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency and for loss of love and affection. 9. The Tribunal took the monthly income of the deceased as Rs.2,500/- which works out to Rs. 30,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 20,000/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 15 as the deceased was aged 45 at the time of the accident MACA.No.658/2007 4 and awarded Rs. 3,00,000/- for the loss of dependency. The deceased was the owner of the goods autorickshaw and was driving the same at the time of the accident. According to him, he used to earn Rs.4,500/- per month. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,500/- which comes to Rs. 42,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 28,000/- 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. 4,20,000/- ( 28,000 x 15). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,20,000/-. 10. For loss of love and affection, Rs.25,000/- was awarded by the Tribunal which appears to be quite inadequate. Taking into consideration the age of the claimants, we feel that a compensation of Rs. 30,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.5,000/-. As regards the compensation awarded under other heads, we find the same MACA.No.658/2007 5 to be reasonable and therefore are not disturbing the same. 11. 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. 12. In the result, the claimants are found entitled to an additional compensation of Rs. 1,25,000/-. 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 and 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.658/2007 6 MACA.No.658/2007 7