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 23RD JUNE 2011 / 2ND ASHADHA 1933 MACA.No. 57 of 2006() --------------------- OPMV.1784/1996 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONERS IN OP)MV) --------------------------------------------- 1. MAHENDRA PAL SINGH, S/O.LATE UMED SINGH, AGED 17 YEARS(MINOR), REP. BY UNCLE AND GUARDIAN, ARJUN SINGH, S/O.LATE BHAVAR KUMAR. 2. KIRAN KUWAR, D/O.LATE UMED SINGH, AGED 14 YEARS(MINOR), REP. BY UNCLE AND GUARDIAN, ARJUN SINGH, D/O.LATE BHAVAR KUMAR. 3. PRIYANKA KUWAR, D/O.LATE UMED SINGH, AGED 12 YEARS(MINOR), REP. BY UNCLE AND GUARDIAN, ARJUN SINGH, D/O.LATE BHAVAR KUMAR.(APPELLANTS 1 TO 3 REP. BY UNCLE & GUARDIAN, ARJUN SINGH,JALORE, PADAROLI DISTRICT, RAJASTHAN, R/AT 2ND FLOOR, BLOCK NO.6, CHINTHAVALAPPU FLAT, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/ RESPONDENTS IN OP(MV) ------------------------------------ 1. K.V.ISHAQUE, S/O.ALIKOYA, H.NO.13/827, KATTIL VEEDU, KUTTICHIRAM CALICUT. 2. JAYARAJAN C., S/O.GOPALAN NAIR, MADATHIL HOUSE, MEKKADA AMSOM, DESOM, KOZHIKODE. 3. THE NEW INDIA ASSURANCE COMPANY LTD., CALICUT BRANCH-III, TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE, POLICY NO.760603/31/96/71651 CERT.NO.919/00000 VALID UPTO 28/1/1997(INSURER KRP 1797 BUS) ADV. SRI.P.K.RAMKUMAR FOR R2 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.57 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)1784/1996 on the file of the 1st Addl.Motor Accidents Claims Tribunal, Kozhikode. They are the son and daughters of deceased Bhavar Kuwar who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated September 7, 2005 awarding a compensation of Rs. 2,07,776/- for the loss caused to them on account of the death of deceased in that accident. 2. On June 20, 1996 at about 12.15 p.m., while the deceased was riding pillion on a Kinetic Honda Scooter bearing Reg.No.KED 2897, she was knocked down by a bus bearing Reg.No.KRP 1797 driven by the second respondent. The deceased sustained serious injuries and she 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 of the Motor Vehicles MACA.No.57/2006 2 Act claiming a compensation of Rs.7,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending bus filed a joint written statement admitting the accident, but attributed negligence to the rider of the scooter. The third respondent, the insurer of the offending bus filed a written statement admitting the policy of the bus, but denied the liability. 4. Exts.A1 to A11 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the 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.2,07,776/- with interest at the rate of 7% per annum from the date of petition till realisation and a cost of Rs.2,500/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard 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.57/2006 3 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.2,07,776/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,80,000/- Funeral expenses - Rs. 5,000/- Transportation - Rs. 17,776/- Loss of estate - Rs. 5,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency and and on other heads. 9. The Tribunal took the monthly income of the deceased as Rs.1,250/- which works out to Rs. 15,000/- per annum. After deducting 1/3 for her personal expenses, the balance amount of Rs. 10,000/- was taken as his annual contribution to her family. The Tribunal adopted a multiplier of 18 and awarded Rs. 1,80,000/- for loss of dependency. The deceased was a lady aged about 28 and was helping her husband who was running a garment shop at K.V.Complex, Kallai Road, Calicut. Taking into consideration the above aspect, we MACA.No.57/2006 4 feel that the monthly income of the deceased can be reasonably fixed at Rs.2,000/- which comes to Rs. 24,000/- per annum. The claimants are her three minor children. Therefore, we feel that only ¼ of the income need be deducted for her personal expenses. The balance amount of Rs.18,000/- can be taken as her annual contribution to her family. The Tribunal adopted a multiplier of 18 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 3,24,000/- ( 18,000 x 18). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,44,000/-. 10. No compensation is seen awarded for loss of love and affection and for pain and suffering endured by the deceased. Taking into consideration the age of the claimants, we feel that a compensation of Rs.15,000/- would be reasonable for loss of love and affection. In the circumstances of the case, we feel that a compensation of Rs.10,000/- would be reasonable for pain and suffering endured. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. MACA.No.57/2006 5 11. There is another aspect in this case. The Tribunal awarded interest only @ 7% 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. 1,69,000/-. 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. They are also entitled to 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.57/2006 6 MACA.No.57/2006 7