IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 MACA.No. 344 of 2005() ---------------------- OPMV.1227/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS ------------------------ 1. VIJAYALAKSHMI RAMACHANDRAN, W/O.M.RAMACHANDRAN, MANKAYATHIL HOUSE, M.M.PARAMBA POST, UNNIKULAM, KOZHIKODE. 2. ANUPRIYA (MINOR), AGED 13 YEARS, REPRESENTED BY HER MOTHER AND LEGAL GUARDIAN, THE 1ST PETITIONER. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): --------------- 1. K.V.JOSE, S/O.VARGHESE, KOTHAVAZHIKKAL HOUSE, KARUKKAMALA POST, MANANTHAVADY, WAYANAD. 2. M/S.UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, CALICUT. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No.344 of 2005-D ------------------------------------------------- Dated this the 11th day of July, 2011 JUDGMENT Basant,J. The claimants are the appellants. They are the wife and a minor child of a deceased person, who suffered injuries in a motor accident and succumbed to the injuries. The Tribunal awarded a total amount of Rs.4,75,500/- as compensation (notwithstanding the apparent error committed in the operative portion of the award) along with interest @ 7% per annum and cost against a total claim of Rs.6 lakhs. 2. The amount of Rs.4,75,500/- was awarded as follows:- i) Transport to hospital : Rs. 1,000.00 ii) Funeral expenses : Rs. 2,000.00 iii) Loss of love and affection : Rs. 15,000.00 iv) Pain and suffering : Rs. 5,000.00 v) Loss of consortium : Rs. 5,000.00 (taken as) vi) Loss of dependency : Rs.4,47,500.00 (3,500 X 12 X 2/3 X 16) ---------------------- Total : Rs.4,75,500.00 ========== 3. The appellants contend that the quantum of M.A.C.A. No.344 of 2005 -: 2 :- compensation paid is inadequate. Called upon to explain the nature of the challenge, the learned counsel for the appellants, first of all, contends that Rs.3,500/- reckoned as the multiplicand and 16 reckoned as the multiplier are both incorrect. We have been taken through the impugned award. The salary certificate produced shows that the monthly income was less than Rs.3,500/-. However, taking into consideration the future prospects, the Tribunal had reckoned Rs.3,500/- as the monthly income. 4. 16 was reckoned as the multiplier. Even if we reckon the deceased as a person aged 31 to 35 years, the multiplier adopted by the Tribunal appears to be absolutely justified - going by the decision in Sarla Verma v. Delhi Transport Corporation [(2009) 6 SCC 121]. 5. The learned counsel for the appellants then contends that the amount of compensation awarded under the head of loss of love and affection (Rs.15,000/-) and loss of consortium (Rs.5,000/-) are painfully low. The wife was aged less than 35 years on the date of death of her husband and the minor child was aged 5 years on the date of death of her father. We do agree that a higher amount can reasonably be awarded as compensation under the head of love and affection which we M.A.C.A. No.344 of 2005 -: 3 :- fixed at Rs.20,000/-. For loss of consortium, only an amount of Rs.5,000/- has been awarded. Realistically, the Tribunal should have reckoned an amount of Rs.20,000/- as the quantum of compensation payable under that head, we agree. 6. We are satisfied that the appellants are entitled for the following further amounts in addition to the amounts already granted: 1. Loss of love and affection (Rs.20,000/- minus Rs.15,000/-) - Rs.5,000/- 2. Loss of consortium (Rs.20,000/- minus Rs.5,000/-) - Rs.15,000/- ----------------- Total - Rs.20,000/- ======= 7. We do note that there is an error committed by the Tribunal while reiterating the amount awarded as compensation. That is a transparent error. We clarify that under the impugned award the appellants are entitled for an amount of Rs.4,75.500/- along with interest and costs as directed (less, of course, the principal amount paid under Sec.140 of the Motor Vehicles Act). 8. In the result: (a) This appeal is allowed. (b) The impugned award (subject to the correction referred above) is upheld in all other respects. (c) The appellants are found entitled to a further amount of M.A.C.A. No.344 of 2005 -: 4 :- Rs.20,000/- as shown above in addition to the amount of Rs.4,47,500/- due under the impugned award. (d) They appellants will be entitled to interest at the rate directed by the Tribunal from the date of petition to the date of payment on such enhanced amount also. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge