IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1560 of 2004()
1. PREETHI SHAJI, 29 YEARS,
... Petitioner
2. AKASH SHAJI, AGED 7 YEARS, MINOR,
Vs
1. MANAGING DIRECTOR, KSRTC.,
... Respondent
2. P.K.BABA, S/O.KURIAN,
3. LEELA, AGED 62 YEARS,
4. VASU, AGED 64 YEARS,
For Petitioner :SRI.S.RAJEEV
For Respondent :SRI.P.VIJAYA BHANU
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :24/06/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No. 1560 of 2004
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Dated this the 24th day of June, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under section 173 of the Motor
Vehicles Act claimants in O.P.(MV) No.1014 of 1998 of the
Motor Accidents Claims Tribunal, Irinjalakuda challenge
the judgment and award of the Tribunal dated January 30,
2004 awarding a compensation of Rs.2,32,000/- for the
loss caused to them, on account of death of Shaji in a motor
accident.
2. The facts leading to this appeal, in brief, are these:-
Deceased Shaji was aged 30 at the time of the accident and
as a Company Worker, he was earning Rs.5,500/- per
month, according to the claimants. Claimants are his
widow, minor son and parents. On May 25, 1998 at about 3
p.m. deceased Shaji was riding his motor cycle bearing
registration No.KL-8L/1491 along Thrissur-Amballur
National Highway 47. When he reached near Christian
MACA 1560/2004 2
Church, Thalore, a K.S.R.T.C. bus bearing registration No.
KL-15/2300, driven by the second respondent, came at a
high speed from the opposite side and dashed against the
motor cycle of the deceased. Deceased Shaji sustained very
serious injuries and he succumbed to the injuries sustained
while undergoing treatment in the Medical College
Hospital, Thrissur. According to the claimants, the accident
occurred due to the negligence on the part of the second
respondent, driver of the offending bus. The first
respondent as the owner and second respondent as the
driver are jointly and severally liable to pay the
compensation to the claimants who are the legal heirs and
dependents of the deceased.
3. Respondents 1 and 2 filed a written statement,
admitting the accident and further contended that the
incident occurred due to the negligence of the claimant.
4. PW1 was examined and Exts. A1 to A8 were
marked on the side of the claimants. No evidence was
adduced by the respondents. The Tribunal, on an
MACA 1560/2004 3
appreciation of the evidence, found that the accident
occurred due to the negligence of second respondent and
awarded a compensation of Rs.2,32,000/- with interest at
the rate of 6% p.a. from the date of petition till realization
and costs. The claimants have come up in appeal,
challenging the quantum of compensation awarded by the
Tribunal.
5. Heard the learned counsel for the appellants and
the learned counsel for respondents.
6. 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, driver of the
offending 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.2,32,000/-. Break up of the compensation awarded is as
under:-
Loss of dependency : Rs.2,04,000/-
MACA 1560/2004 4
Pain and suffering : Rs. 5,000/-
Loss of consortium : Rs. 10,000/-
Loss of love and affection : Rs. 10,000/-
Funeral expenses : Rs. 3,000/-
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Total : Rs.2,32,000/-
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8. The learned counsel for the appellants mainly
sought enhancement of compensation awarded by the
Tribunal for the loss of dependency, loss of consortium and
loss of love and affection.
9. The Tribunal took the monthly income of the
deceased as Rs.1,500/- and after deducting 1/3 for his
personal expenses, took Rs.1,000/- as his monthly
contribution to his family and adopted a multiplier of 17
and awarded a compensation of Rs.2,04,000/- for loss of
dependency. The deceased was working as an
Administrative Officer in Kerala Shipping and Inland
Navigation Corporation Ltd. on daily wages of Rs.77.50.
Taking into consideration the above aspect, we feel that his
monthly income can reasonably be fixed at Rs.2,500/-,
which works out to Rs.30,000/- per annum. After deducting
MACA 1560/2004 5
1/3rd for his personal expenses, the balance amount of
Rs.20,000/- can be taken as his annual contribution to his
family. The multiplier adopted by the Tribunal as 17 is not
seriously challenged. Thus, the compensation for the loss
of dependency would come to Rs.3,40,000/- (Rs.20,000/- x
17). Thus, the claimants are entitled an additional
compensation of Rs.1,36,000/- on this count.
10. The Tribunal awarded a compensation of
Rs.10,000/- for loss of consortium, which appears to be very
low. Taking into consideration the tender age of the second
claimant, the son of the deceased, we feel that a
compensation of Rs.20,000/- would be reasonable on this
count. As regards the compensation awarded under other
heads, we find the same to be reasonable and therefore,we
are not disturbing the same.
11. There is another aspect in this case. The Tribunal
awarded interest @ 6% per annum, which appears to be
very low. The claimants are entitled to interest at 7.5% per
annum for the compensation already awarded and for the
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enhanced compensation from the date of petition till
realization.
12. In the result, the claimants are found entitled to
an additional compensation of Rs.1,46,000/-. They are
entitled to interest at 7.5% per annum for the compensation
already awarded and for the enhanced compensation from
the date of petition till realization. They are also entitled to
proportionate cost. The first respondent being the owner of
the offending bus shall deposit the amount within two
months from the date of receipt of a copy of this judgment.
In the result, the appeal is disposed of as above.
A.K.BASHEER, JUDGE.
P.Q.BARKATH ALI, JUDGE.
mn.