IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 MACA.No. 1877 of 2005() ----------------------- OPMV.621/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANTS/PETITIONERS ------------------------ 1. DEVIKA P.KAIMAL, W/O.LATE MAJOR PRABOTH KAIMAL, DEVI VIEW, CHILAVANNOOR ROAD, COCHIN-20, NOW RESIDING AT THAZHATHUPANATTU HOUSE, MEENACHIL VILLAGE, PALA. 2. KUMARI GAUTHAMI, D/O.LATE MAJOR PRABOTH KAIMAL, (MINOR) AGED 12 YEARS, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN DEVIKA P.KAIMAL, W/O.LATE MAJOR PRABOTH KAIMAL, DEVI VIEW, CHILAVANNOOR ROAD, COCHIN-20, NOW R/AT. THAZHATHUPANATTU HOUSE, MEENACHIL VILLAGE, PALA. 3. VASUDEVA KAIMAL @ V.KAIMAL, S/O.KOCHUKUTTA KAIMAL, THAZHATHUPANATTU HOUSE, MEENACHIL VILLAGE, PALA. 4. ANANDAVALLY KUNJAMMA, W/O.V.KAIMAL, THAZHATHUPANATTU HOUSE, MEENACHIL VILLAGE, PALA. BY ADV. SRI.P.C.HARIDAS RESPONDENTS/RESPONDENTS --------------- 1. KHUMON SING, S/O.SIMRATH SING, R/O CHANDASMA VILLAGE, SHERGORH TEBSIL, POKRAN POLICE STATION, JAISALMER (DIST), RAJSTHAN. 2. GORHAN SINGH, S/O.UTTAM SINGH, VILLAGE AND POST SANKARA, JAISALMER (DIST), RAJSTHAN. 3. THE UNITED INDIA INSURANCE CO.LTD., JAIPUR. 4. GANPAT SINGH, SANTDOM ROAD, RAJ MATHERI VILLAGE JAISALMER ( DIST.) 5. THE UNITED INDIA INSURANCE CO. LTD. JAIPUR ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1877 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)621/2000 on the file of the Motor Accidents Claims Tribunal, Pala. They are the wife, daughter and parents of deceased Major Prabodh Kaimal who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated March 7, 2005 awarding a compensation of Rs.14,05,204/- for the loss caused to them on account of the death of deceased in a motor accident. 2. On September 12, 1999, while the deceased was travelling in a jeep along Lodari-Ramdevra road in Pokran-Nachna route in Jaisalmeer District of Rajastan state, it dashed against a bus bearing Reg.No.RJ- 19/1865 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the bus, the claimants filed the OP under Sec.166 MACA.No.1877/2005 2 of the Motor Vehicles Act claiming a compensation of Rs.62,00,000/-. 3. Respondents 1, 2 and 3 are the owner, driver and insurer of the offending bus. Respondents 4 and 5 are the owner and insurer of the jeep in which the deceased was travelling. Respondents 1, 2 and 4 remained absent before the Tribunal. Respondents 3 and 5 filed written statements before the Tribunal admitting the accident, but denied the liability. 4. Exts.A1 to A23 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.14,05,204/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs. 35,130/- against respondents 1 to 3. 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. MACA.No.1877/2005 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the driver of the 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. 7. The Tribunal awarded a total compensation of Rs.14,05,204/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.13,52,704/- Funeral expenses - Rs. 5,000/- Transportation - Rs. 7,000/- Damage to clothing - Rs. 500/- Pain and suffering - Rs. 10,000/- Loss of love and affection - Rs. 15,000/- Loss of consortium - Rs. 15,000/- 8. The Counsel for the claimants sought enhancement of the compensation awarded for the loss of dependency, for loss of love and affection and for loss of consortium. 9. The Tribunal took the monthly income of the deceased as Rs.10,568/- which works out to Rs. 1,26,816/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 84,544/- was taken was his annual contribution to his family. The MACA.No.1877/2005 4 Tribunal adopted a multiplier of 16 as the deceased was aged 38 at the time of the accident and awarded Rs. 13,52,704/- for the loss of dependency. Deceased was employed in the military service and was earning Rs. 19,517/- per month as salary as evidenced by Ext.A18, his last pay certificate. Taking into consideration the above aspect, and also taking into account the future prospects in life, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 15,000/- which comes to Rs. 1,80,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 1,20,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 16 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 19,20,000/- ( 1,20,000 x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.5,67,296/-. 10. The Tribunal awarded Rs. 15,000/- for loss of consortium which appears to be very low. Taking into consideration the age of the deceased as well as the first claimant widow, we feel that a MACA.No.1877/2005 5 compensation of Rs. 25,000/- would be reasonable on this count. 11. For loss of love and affection, Rs. 15,000/- was awarded by the Tribunal which appears to be quite inadequate. We feel that a compensation of Rs. 20,000/- to each of the claimants would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.65,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. 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. 13. In the result, the claimants are found entitled to an additional compensation of Rs. 6,42,296/-. 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. They are also entitled to proportionate cost. The third MACA.No.1877/2005 6 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.1877/2005 7