IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 MACA.No. 2099 of 2007() ----------------------- ( OPMV.6/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM) .................... APPELLANTS/ RESPONDENTS IN THE OP:} ------------------------------------------------------------- 1. N.CHANDRIKA, D/O.KAMALAKSHIAMMA, T.C.6/771, ARAPPURA NAGAR, VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. SARITHA C.G., D/O.CHANDRIKA, T.C.6/771, ARAPPURA NAGAR, VATTIYOORKAVU, THIRUVANANTHAPURAM. 3. SATHEESH BABU, S/O.A.GOPINATHA PILLAI, T.C.6/771, ARAPPURA NAGAR, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADVS. SRI.B.MOHANLAL SRI.S.SAIJU RESPONDENTS/RESPONDENTS IN THE OP: ------------------------------------------------------------ 1. M.T.SAMUEL, S/O.DAVID, MOOLAYIL HOUSE, KATTACHIRA MURI, BHARANIKAVU VILLAGE, BHARANIKAVU P.O., MAVELIKKARA. 2. THE MANAGING DIRECTOR, K.S.R.T.C, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM. R2 BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== M.A.C.A. No. 2099 of 2007 =~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~== Dated this the 19th day of November, 2010 JUDGMENT Barkath Ali, J. Appellants are claimants in O.P.(MV) No.6 of 1998 on the file of the Motor Accidents Claims Tribunal, Kollam. In this appeal the claimants who are wife and children of deceased Gopinathan Pillai challenge the judgment and award of the Tribunal dated November 17, 2006 awarding a compensation of Rs.1,25,500/- for the loss caused to them on account of the death of deceased in a motor accident. 2. The accident happened while deceased Gopinathan Pillai was travelling along with claimants 1 and 2, wife and daughter, in a car bearing registration No.KL1- E/6558 from Thiruvananthapuram to Kollam on July 20, 1997 and when they reached near Chathannoor, it dashed against a K.S.R.T.C. bus bearing registration No.KL-15/2775 driven by the 1st respondent. Gopinathan Pillai sustained serious injuries and he succumbed to the injuries sustained MACA 2099/2007 2 on August 1, 1997 while undergoing treatment in the hospital. Alleging negligence against the 1st respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.5 lakhs. 3. First respondent is the driver of the offending bus and 2nd respondent is the Managing Director of K.S.R.T.C. They remained absent before the Tribunal. This O.P. was jointly tried along with O.P.(MV) No.291 of 1998 which was filed by the daughter of deceased claiming a compensation for the injuries sustained by her in the accident and a common award was passed. 4. PWs.1 and 2 were examined and Exts. A1 and A15 series were marked on the side of the claimants. No evidence was adduced by the respondents before the Tribunal. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent and awarded a total compensation of Rs.1,25,500/- with interest at the rate of 6% p.a. from the date of petition till realization and proportionate cost. The MACA 2099/2007 3 claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellants/claimants and learned standing counsel for the 2nd respondent, K.S.R.T.C. 6. The accident as well as the death of Unnikrishnan as a result of the injury sustained in the accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent 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.1,25,500/-. The break up of the compensation awarded is as under:- Loss of dependency : Rs. 80,000/- Transportation : Rs. 500/- Treatment and : Rs. 10,000/- medical expenses. Funeral expenses : Rs. 5,000/- Loss of consortium : Rs. 10,000/- Pain and suffering : Rs. 10,000/- MACA 2099/2007 4 Loss to estate : Rs. 10,000/- ------------------ Rs.1,25,000/- ======== 8. The learned counsel for the appellants/claimants sought enhancement of compensation for the loss of dependency, for pain and suffering endured by the deceased and for the loss of consortium. 9. The Tribunal took the annual income of the deceased as Rs.15,000/- and after deducting 1/3 for his personal expenses, Rs.10,000/- per annum was taken as his annual contribution to his family. The Tribunal adopted a multiplier of 18 and awarded Rs.80,000/- for the loss of dependency. The deceased was a retired Civil Engineer, as evidenced by Ext.A10 copy of letter issued by the Executive Engineer, Civil Division K.S.E.B. According to the claimants, he was doing civil work privately and was earning Rs.7,000/- per month. Taking into consideration the above aspect, we are of the view that his monthly income can reasonably be fixed at Rs.30,000/- per annum i.e., Rs.2,500/- per month. After deducting 1/3 for his personal expenses, MACA 2099/2007 5 balance amount of Rs.20,000/- can be taken as his annual contribution to his family. As the deceased was aged 57 at the time of the accident, multiplier of 8 adopted by the Tribunal appears to be reasonable. Thus, for the loss of dependency, the claimants are entitled to a compensation of Rs.1,60,000/- (Rs.20,000/- x 8). Thus on this count the claimants are entitled to an additional compensation of Rs.80,000/-. 10. The Tribunal awarded Rs.10,000/- for pain and suffering endured, which appears to be very low. In the circumstances of the case, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 11. Rs.10,000/- was awarded towards loss of consortium to the 1st respondent, which is quite inadequate. Taking into consideration the age of the widow, we feel that a compensation of Rs.15,000/- would be reasonable for loss of consortium. 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 MACA 2099/2007 6 apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 12. In the result, the claimants are found entitled to an additional compensation of Rs.95,000/-. The Tribunal granted interest only at 6% p.a., which is very low. The claimants are entitled to interest at the rate of 7.5% p.a. from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 2nd respondent shall deposit the amount within two months from the date of receipt of copy of this judgment before the Tribunal with notice to the claimants. The claimants are entitled to proportionate costs. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn