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. 204 of 2011(E) ----------------------------------- [O.P(MV).NO.1114/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA] .................... APPELLANT/PETITIONERS 1 TO 4 & 6 IN O.P.(MV): ------------------------------------------------------------------------ 1. SOBHA SIVAN, W/O.LATE SIVAN, THADIYITTAMOLAYIL HOUSE, KARINADU.P.O., KUTTA KARA. 2. SEENA.T.S., D/O.LATE SIVAN, THADIYITTAMOLAYIL HOUSE, KARINADU.P.O., KUTTA KARA. 3. ASHA SIVAN (MINOR), D/O.LATE SIVAN, REP.BY MOTHER SOBHA SIVAN, THADIYITTAMOLAYIL HOUSE, KARINADU.P.O., KUTTA KARA. 4. AKHIL SIVAN (MINOR), D/O.LATE SIVAN, REP.BY MOTHER SOBHA SIVAN, THADIYITTAMOLAYIL HOUSE, KARINADU.P.O., KUTTA KARA. 5. KAMALAKSHY @ KALIKUTTY, W/O.NARAYANAN, THADIYITTAMOLAYIL HOUSE, KARINADU.P.O., KUTTA KARA. (5TH PETITIONER HAD DIED EVEN BEFORE THE FILING OF THE O.P.(M.V). HENCE HE IS NOT ARRAYED AS AN APPELLANT). BY ADVS. SRI.T.K.KOSHY, SMT.V.V.RISANI. M.A.C.A. NO.204/2011-E: RESPONDENTS/RESPONDENTS 1 TO 3: --------------------------------------------------------- 1. V.T.RAMESAN, S/O.PADMANABHAN, VADAKKEPUTHENPURA HOUSE, KINGINIMATTOM.P.O., KOLENCHERY – 682 311. 2. JAYAN, S/O.PADMANABHAN, VADAKKEPUTHENPURA HOUSE, PALACKAMATTOM KARA, KINGINIMATTOM.P.O., KOLENCHERY – 682 311. 3. THE NATIONAL INSURANCE CO.LTD., KOLENCHERY – 682 311. R3 BY ADV. SRI.RAJAN. P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 204 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of March, 2011 JUDGMENT Barkath Ali, J. Appellants are claimants 1 to 4 and 6 in O.P.(MV) No.1114 of 2003 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. They are the mother, wife and three minor children of Sivan who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated January 31, 2007 awarding a compensation of Rs.9,67,000/- for the loss caused to them on account of the death of Sivan in that accident. The fifth petitioner/claimant in the O.P. died even before the filing of the O.P. and hence he is not arrayed as an appellant in this appeal.. 2. The accident occurred on July 6, 2003 at about 3 p.m. While deceased Sivan was riding his scooter bearing registration No.KL-TU-7354 along Ernakulam – Muvattupuzha road, he was knocked down by a motor cycle MACA 204/2011 2 bearing registration No.KL-7L-5182, ridden by the second respondent. He sustained very serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the second respondent rider of the motor cycle, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs. 14 lakhs. 3. Respondents 1 and 2, owner and rider of the offending motor cycle, remained absent and they were set ex parte by the Tribunal. The third respondent, insurer of the offending motor cycle, filed a written statement admitting the policy but attributed negligence to the deceased. Exts. A1 to A10 were marked on the side of the claimants. Ext.B1 was marked on the side of the contesting third respondent. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the second respondent and awarded a compensation of Rs.9,67,000/- with interest @ 6.5% per annum from the date of petition till realization. The MACA 204/2011 3 claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimants and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent, rider of the offending motor cycle, and that the deceased died as a result of the injuries sustained in the accident are 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.9,67,000/-. Break up of the compensation awarded is as under:- Pain and suffering : Rs. 10,000 Loss of estate : Rs. 2,500 Transport to hospital : Rs. 1,500 Funeral expenses : Rs. 5,000 Loss of consortium : Rs. 10,000 Loss of paternal care for : Rs. 10,000 MACA 204/2011 4 marriage of claimants 2 and 3 Loss of love and care : Rs. 10,000 Loss of dependency : Rs.9,18,000 ------------------ Total : Rs.9,67,000 ======== 7. The counsel for the appellants/claimants sought enhancement of compensation awarded by the Tribunal for the loss of dependency and on other heads. 8. The Tribunal took the monthly contribution of the deceased to his family as Rs.5,100/-, which comes to Rs.61,200/- per annum, adopted a multiplier of 15 and awarded a compensation of Rs.9,18,000/- for the loss of dependency. The deceased was employed as a Mechanic in BSNL earning Rs.8,500/- per month. Ext.A9 series are the employment certificate and salary certificate of the deceased. It shows that he was drawing a salary of Rs.8,284/- per month. He was aged only 43 at the time of the accident. Taking into account the future prospects, we feel that his monthly income can reasonably be fixed as Rs.8,284/- as shown in Ext.A9 series. The Tribunal deducted MACA 204/2011 5 1/3rd for his personal expenses. As there are six claimants in the O.P., we feel that 1/4th of his income need be deducted towards personal expenses of the deceased and balance amount of Rs.6,213/- can be taken as his monthly contribution to his family, which comes to Rs.74,556/- per annum. Multiplier of 15 adopted by the Tribunal appears to be reasonable. Thus, calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.11,18,340/-. Thus, the claimants are entitled an additional compensation of Rs.2,00,340/- on this count. 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 of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 9. In the result, the claimants are found entitled to an additional compensation of Rs.2,00,340/-. The Tribunal awarded interest only @ 6.5% per annum, which appears to be very low. The Claimants are entitled to interest @ 7.5% MACA 204/2011 6 per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The appeal is filed with a delay of 1344 days. Therefore, the claimants are not entitled to interest for the enhanced compensation during the said period. They are also entitled to proportionate costs. The third respondent being the insurer of the offending motor cycle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to 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.