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 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 MACA.No. 633 of 2004() ---------------------- OPMV.700/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANTS/CLAIMANTS. ----------------------------------- 1. SHERLY MONY, PARUTHIPARAMBIL, ASRAMOM WARD, AVALOOKKUNNU P.O. ALAPPUZHA. 2. ARUN P.M. PARUTHIPARAMBIL, ASRAMOM WARD, AVALOOKKUNNU P.O. ALAPPUZHA MINOR AGED 11 YEARS, REP. BY MOTHER AND GUARDIAN, SHERLY MONY. 3. ARYA P.M. PARUTHIPARAMBIL, ASRAMAMOM WARD, AVALOOKKUNNU P.O. ALAPPUZHA, MINOR AGED 11 YEARS, REP. BY MOTHER AND GUARDIAN, SHERLY MONY. 4. M.PREMAVATHY, PARUTHIPARAMBIL, ASRAMOM WARD,AVALOOKUNNU P.O. ALAPPUZHA. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS/RESPONDENTS --------------- 1. SASI V.V. S/O.VELU, PANCHALASSERIL PARAMBIL, C.C.DIVISION NO.16, THOPPUMPADY VILLAGE, ERNAKULAM DISTRICT. 2. ABDUL KHADER, SAJUDAYIL, EDAPPALLY LANE, THOPPUMPADY, KOCHI 5,ERNAKULAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., THOPPUMPADY BRANCH , REP. BY THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, SHAM COMPLEX, IST FLOOR, BAZAR ROAD, MATTANCHERRY. SRI JACOB MATHEW FOR R3 BY ORDER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.633 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)700/1998 on the file of the Motor Accidents Claims Tribunal, Alappuzha. They are the wife, two minor children and mother of deceased Mony who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated June 10, 2003 awarding a compensation of Rs. 4,15,600/- for the loss caused to them on account of the death of deceased in that accident. 2. On January 17, 1998 at about 11.15 p.m., the deceased was riding his motor cycle bearing Reg.No.KL-4C-4291 along Alappuzha- Kollam NH. When he reached at Ambalappuzha, he was knocked down by the bus bearing Reg.No.KL-7D3400 driven by the first 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 jeep, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a MACA.No.633/04 2 compensation of Rs.13,77,750/-. 3. Respondents 1 and 2, the driver and the owner of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy of the bus. 4. This O.P. was tried along with other O.P.s filed by the legal heirs of the pillion rider of the motor cycle who died in the accident and a common award was passed. Pws 1 to 4 were examined and Exts.A1 to A19 were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a total compensation of Rs.4,15,600/- with interest at the rate of 6% per annum from the date of petition till realisation. 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.633/04 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.4,15,600/-. The break up of the compensation amount awarded is as under: Loss of dependency - Rs.3,45,600/- Pain and suffering - Rs. 5,000/- Loss of consortium - Rs. 15,000/- Loss of love and affection - Rs. 15,000/- Loss of estate - Rs. 15,000/- Transportation - Rs. 2,500/- Funeral expenses - Rs. 3,500/- Medical expenses - Rs. 14,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency, for loss of love and affection and for pain and suffering endured by the deceased . 9. The Tribunal took the monthly income of the deceased as Rs.2,700/- which works out to Rs. 32,400/- per annum. After deducting MACA.No.633/04 4 1/3 for his personal expenses, the balance amount of Rs. 21,600/- was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 16 as the deceased was aged 36 at the time of the accient and awarded Rs. 3,45,600/- for the loss of dependency. The deceased was working in a foreign liquor shop earning Rs.4,600/- per month, according to the claimants. Ext.A8 is the certificate issued by the Managing Partner of Maveli Wines to that effect. The person who issued Ext.A8 was examined as PW4. Taking into consideration the above aspect, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 3,500/- which comes to Rs. 42,000/- per annum. As there are four dependents, we feel that only ¼ need be deducted for his personal expenses. The balance amount of Rs. 31,500/- 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. 5,04,000/- ( 31,500/- x 16). Thus on this count, the claimants are entitled to an additional compensation of Rs.1,58,400/-. 10. For loss of love and affection, Rs. 15,000/- was awarded by MACA.No.633/04 5 the Tribunal which appears to be quite inadequate. Taking into consideration the age of the claimants, we feel that a compensation of Rs. 35,000/- would be reasonable on this count. Thus, on this count, the claimants are entitled to an additional compensation of Rs.20,000/-. 11. For the pain and suffering endured, Rs. 5,000/- was awarded by the Tribunal which appears to be very low. In the circumstances of the case, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 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. 1,83,400/-. They are entitled to interest @ 7.5% per annum from the date of petition till realisation for the MACA.No.633/04 6 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.633/04 7