IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 MACA.No. 1836 of 2005() ----------------------- OPMV.1460/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONERS: ---------------------------- 1. JOBY, AGED 25 YEARS, D/O.GEORGE, KOLANGARA KANADY HOUSE, P.O.OLLUR, THRISSUR DISTRICT. 2. JISHA, AGED 23 YEARS, D/O.GEORGE, DO. DO. 3. LINTO, AGED 21 YEARS, S/O.GEORGE, DO. DO. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS/RESPONDENTS: ---------------------------------- 1. DHAYANDHA KUNDER, S/O.NIRIYA, TAILOR, BAIKIRAN, UDUPPI DISTRICT, KARNATAKA STATE, LAXMI NAGAR, KODAVOOR-576 115. 2. JOHN KOLIAN, S/O.FLEIX KOLIAN, JOHN VILA, HOUSE NO.363, BEACH ROAD, P.O.MALAPPE, UDUPPI, KARNATAKA STATE. 3. M/S.NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, KOLLANNUR BUILDINGS, PALACE ROAD, THRISSUR. MACA : 1836/05 4. KUNJILA, W/O.PYLOTH, KOLANGARA KANADY HOUSE, P.O.OLLUR, THRISSUR DISTRICT. ADV. SRI.P.SANJAY FOR R2 SRI.A.PARVATHI MENON FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ----------------------------------------------- M.A.C.A No. 1836 OF 2005 ----------------------------------------------- Dated this the 6th day of March, 2009 JUDGMENT BASANT, J Claimants before the Tribunal are the appellants before us. They are three children (one of them minor) of the deceased who was aged 58 years on the date of the accident on which day itself he succumbed to the injuries. He was allegedly running a hotel business and earning an income of Rs.4,000/- per month. The third claimant had attained majority during the pendency of the proceedings. An amount of Rs.2.75 lakhs was claimed as compensation. Before the Tribunal the third claimant son tendered oral evidence as PW1 and Exts.A1 to A11 were marked. The Tribunal on an anxious consideration of all the relevant inputs, came to the conclusion that the appellants are entitled to a total amount of Rs.1.64 lakhs as per the details shown below: 1. Medical and transport expenses : Rs. 1,000/- 2. Pain and suffering : Rs. 10,000/- 3. Loss of love and affection : Rs. 10,000/- 4. Loss of estate : Rs. 10,000/- MACA:1836/05 -:2:- 5. Funeral expenses : Rs. 5,000/- 6. Loss of dependency : Rs.1,28,000/- (2,000 x 12 x 2/3 x 8) --------------------- Total : Rs.1,64,000/- ============ 2. The said amount was directed to be paid along with interest at 6% per annum. The appellants claim to be aggrieved by the impugned order. What is the grievance? Called upon to explain the nature of the challenge which the appellants want to mount against the impugned award, the learned counsel for the appellant first of all assails the multiplicand reckoned by the Tribunal to arrive at the quantum of loss on the head of dependency. Deceased was running a hotel. There are indications to show that he had three children, two major girls and a minor boy, depending upon him. The counsel fairly submits that better evidence to prove employment and income of the deceased has not been made available. But even then Tribunals constituted to render rough and ready justice cannot throw their hands up in helplessness and cannot consider themselves to be absolved from the responsibility of ascertaining and awarding just and fair MACA:1836/05 -:3:- compensation merely because more authentic data was not made available to them by the contestants. The totality of the inputs will have to be taken into consideration. The societal context will have to be borne in mind. It would be irrational and perverse in the given circumstances to assume that the deceased was only getting an amount of about Rs.2,000/- per mensem. Reasonable amount must be reckoned as monthly income and not the amount of Rs.2,000/- fixed by the Tribunal, contends counsel. 3. We are persuaded to agree with the submissions of the learned counsel for the appellant. But, we must hasten to observe that the burden is always on the claimant who is claiming compensation for the loss suffered by him. If the claimant does not discharge his burden to make satisfactory data available, the claimant cannot cry hoarse that Tribunal has not done justice to him. In cases like the instant one, definitely better evidence must have been produced to prove with correctness and authenticity, the actual loss suffered by the appellants. But even in the absence of such authentic data reasonable inferences can be MACA:1836/05 -:4:- drawn. We take note of the fact that even for a non-earning person the law from 1994 in the second schedule of Motor Vehicles Act makes the assumption of prudence that the notional income can be reckoned at Rs.1,250/- per month. In the given facts and circumstances, bearing in mind the principle that, the appellants will have to be blamed for not making available the necessary authentic materials before court, we are satisfied that the deceased a person aged 58 years and who had two major children and a minor son depending on him, and who was running a hotel must have even earning an income of not less than Rs.2,500/- per mensem. That can safely be assumed in the facts and circumstances of this case. 4. Learned counsel for the appellant then contends that the interest has been awarded only at the rate of 6% per annum. Relying on precedents the counsel contends that, at any rate, interest must have been awarded at the rate of 7.5 % per annum. We agree with the learned counsel. 5. On the basis of the above discussions, we find that the MACA:1836/05 -:5:- appellants shall be entitled to a further amount of Rs.32,000/- (2,500 x 12 x 2/3 x 8 – 1,28,000). We further direct that the entire amount of compensation shall bear interest at the rare of 7.5 per annum from the date of petition to the date of payment. The 2nd respondent is represented through counsel. There is no representation for the other respondents. 6. This appeal is accordingly allowed in part, to the above extent. R. BASANT, JUDGE C.T. RAVIKUMAR, JUDGE ttb MACA:1836/05 -:6:- MACA:1836/05 -:7:-