Shylaja. P.V., Dheeraj Variar, Vaisak Variar and Madhavikutty Varassiar vs Muhammed Paijas K.P., C.P. Rasheed and M/S. New India Assurance Company Limited

Joseph Francis, J.—This appeal is filed by the petitioners 1 to 4 in O.P. (M.V.) No. 1490 of 2008 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The case of the petitioners in the O.P.(M.V.) is as follows : On 5.7.2006 at about 7.30 a.m. the deceased Muraleedhara Variar was travelling from Kunnamangalam to Koyilandy in his Maruti Car bearing Registration No. KL-11/X-4086 and when he reached at Thuruvangoor Temple in Koyilandy, a pick up van bearing Registration No. KL-11/M-2630 hit on his car causing serious injuries to him. Though he was taken to Medical College Hospital, he succumbed to the injuries. The accident was due to the rash and negligent driving of the first respondent, who was the driver of the pick up van. The second respondent was the owner of the van and the third respondent was the insurer. The first petitioner is the widow, petitioners 2 and 3 are the minor sons and the 4th petitioner is the mother of deceased Muraleedhara Variar. They claimed Rs. 22,50,000/- as compensation.

Respondents 1 and 2 remained ex parte. The third respondent filed written statement admitting the policy of the van and contended that the accident was not due to the negligence of the first respondent and that the compensation claimed is excessive.

Before the Tribunal, no oral evidence was adduced from both sides. Exts. A1 to A4 were marked on the side of the petitioners. The Claims Tribunal, on considering the evidence on record, found that the accident was due to the rash and negligent driving of the first respondent and awarded a compensation of Rs. 5,20,000/- to the petitioners together with interest at the rate of 7% per annum from the date of petition till the date of realization from the respondents and the third respondent was directed to deposit the amount as the insurer. The compensation awarded was ordered to be apportioned among the petitioners in the ratio of 2:2:2:1. Being dissatisfied with the quantum of compensation of awarded, the petitioners filed this appeal.

Heard the learned counsel for the appellants and the learned counsel appearing for the Insurance Company.

The learned counsel for the appellants submitted that the compensation awarded is very low and that the appellants are entitled to get enhanced compensation under various heads. The learned counsel appearing for the Insurance Company supported the award.

The Tribunal awarded compensation under various heads as follows :

According to the petitioners, the deceased was aged 43 years and he was working as an Accountant-cum-Tax Practitioner and was earning Rs. 16,750/- per month. Ext. A3 series are the copies of income tax returns filed by the deceased. Ext. A3 series would show that for the year 2002-2003, he had an yearly income of 50,479/- and in the year 2003 - 2004, he had an early income of Rs. 51,269/-. In the year 2004 - 2005, his yearly income was Rs. 54,992/- and in the year 2005 - 2006, his yearly income was Rs. 92,596/-. The Tribunal did not accept the income tax returns in its face value and assessed the monthly income of the deceased as Rs. 4,000/-, which according to us is on the lower side and we fix Rs. 5,000/- as the monthly income of the deceased. The Tribunal took ''15'' as the suitable multiplier, considering the age of the deceased and the age of the petitioners, which according to us is a suitable multiplier. In the decision reported in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , it was held that where the deceased is married, the deduction towards personal and living expenses of the deceased should be <, when the number of dependent family members is 4 to 6. In the present case, there are four dependent family members and therefore, < is to be deducted towards the personal and living expenses of the deceased, instead of 1/3 deducted by the Tribunal. Calculating on that basis, the petitioners are entitled to get Rs. 6,75,000/- (5,000 x 12 x 15 x >) as compensation for loss of dependency, instead of Rs. 4,80,000/- awarded by the Tribunal. Due to the death of Muraleedhara Variar, petitioners 2 and 3 had lost the love and affection of their father and therefore, Rs. 40,000/- can be awarded towards compensation for loss of love and affection in the place of Rs. 10,000/- awarded by the Tribunal. Thus, in total, the petitioners are entitled to get Rs. 2,25,000/- as additional compensation.

Accordingly, this appeal is allowed in part and the appellants are allowed to realize Rs. 2,25,000/- as additional compensation together with interest at the rate of 7% per annum from the date of petition till the date of realization from the respondents and the third respondent is directed to deposit the amount within three months from this date. The compensation is to be apportioned among the petitioners 1 to 4 in the ratio of 2:2:2:1. There is no order as to costs.