IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 801 of 2004()
1. VALSALA, AGED 40, D/O.DEVAKI,
... Petitioner
2. ARUN DAS, AGED 20, S/O.VALSALA,
Vs
1. SURESH.S., SARITHA BHAVAN,
... Respondent
2. BOBY, S/O.SETHU, BOBY VILASOM,
3. THE DIVISIONAL MANAGER,
For Petitioner :SRI.T.KURIAKOSE PETER
For Respondent :SRI.PMM.NAJEEB KHAN
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :30/07/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.801 OF 2004
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Dated this the 30th day of July, 2010
JUDGMENT
Barkath Ali, J.
One Anil Das, a boy aged 14 died in a motor accident which
occurred on November 14, 1999. Appellants/claimants are his mother
and brother. The accident happened when the bus bearing
Reg.No.KRN/3681 in which he was travelling along with his mother
along Chadayamangalam-Pallickal public road, it toppled and fell
down in to the canal below the road at Kallladathanny. Alleging
negligence against the second respondent, the driver of the bus, the
claimants filed the O.P. before the Tribunal claiming a compensation of
Rs. 8,00,000/-.
2. Respondents 1 and 2, the owner and the driver of the bus
respectively, remained absent before the Tribunal. The third
respondent, Insurance Company of the offending bus, filed a written
statement admitting the policy of the bus.
3. This O.P. was jointly tried along with several other O.Ps.
filed by the other injured persons in the accident and a common award
MACA.No.801/2004 2
was passed. The first claimant was examined as PW17 and Exts.A64,
A65 and A 67 series were marked on the side of the claimants. On the
side of the contesting third respondent Ext.B1 was marked. On an
appreciation of evidence, the Tribunal awarded a compensation of
Rs. 1,49,000/- with interest @ 6% per annum from the date of petition
till realisation and a cost of Rs. 1000/-. The claimants have now come
up in appeal challenging the quantum of compensation awarded by the
Tribunal.
4. Heard the counsel for the appellants/claimants and the
counsel for the Insurance Company.
5. The accident is not disputed. The finding of the Tribunal
that the accident occurred due to the negligence on the part of the
second 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.
6. The break up of the compensation awarded by the Tribunal
is as under :
Transportation expenses - Rs. 1000/-
Funeral expenses - Rs. 2,000/-
Pain and suffering - Rs.10,000/-
Loss of happiness - Rs. 10,000/-
MACA.No.801/2004 3
Loss of dependency - Rs. 1,26,000/-
7. Counsel for the claimants sought enhancement of the
compensation for the loss of dependency and for the pain and suffering
endured by the deceased.
8. The Tribunal took the monthly notional income of the
deceased as Rs.1500/- and deducted 1/3 for his personal expenses for
the first seven years and deducted 2/3 for the next 8 years and awarded
Rs. 1,26,000/- for loss of dependency. As the deceased was a boy aged
14, the Tribunal is perfectly justified in taking his monthly income as
Rs. 1500/- and adopting a multiplier of 15. But the Tribunal is not
justified in deducting 2/3 for the 8 years. As per the Second Schedule to
the Motor Vehicles Act, only 1/3 need be deducted for the personal
expenses. Thus calculated for the loss of dependency, the claimants are
entitled to a compensation of Rs.1,80,000/- ( 12,000 x 15). Thus on this
count, the claimants are entitled to an additional compensation of
Rs. 54,000/-.
9. The Tribunal awarded Rs. 10,000/- for the pain and
suffering endured by the deceased. Taking into consideration the
circumstances of the case, we feel that a compensation of Rs. 20,000/-
MACA.No.801/2004 4
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.
10. 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.
11. In the result, the claimants are found entitled to an additional
compensation of Rs. 64,000/-. 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 and
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
sv P.Q.BARKATH ALI, JUDGE
MACA.No.801/2004 5
sv.
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