IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 MACA.No. 294 of 2009() ---------------------- OPMV.315/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): -------------- PAULY GEORGE, S/O.VARKEY, KONICKAL HOUSE, MUTHALAKODAM, THODUPUZHA. BY ADV. SMT.ANEY PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S): --------------- 1. JINCE GEORGE, S/O.GEORGE PALAKUNNEL HOUSE, H.NO.8/157 C,THODUPUZHA. 2. P.K.KRISHNAN NAIR, S/O.KESAVAN NAIR 28/273,PRAKASH MOTORS, KRISHNAVILASAM, THODUPUZHA. 3. K.T.KURIAKOSE, S/O. K.K.THOMAS, KADAVIL HOUSE, RACHAD, MUVATTUPUZHA. 4. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO.LTD,THODUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & P.R.RAMACHANDRA MENON, JJ. * * * * * * * * * * * * * * * * * * M.A.C.A.No.294 of 2009 ---------------------------------------- Dated this the 11th day of February 2009 J U D G M E N T R.BASANT,J The first claimant before the Tribunal is the appellant before us. He, along with his wife and two children, had claimed compensation for the loss suffered by them on account of the death of the daughter of the claimant, aged 13 years, in a motor accident. The Tribunal came to the conclusion that only the appellant/claimant is entitled for compensation. Though an amount of Rs.6,00,000/- was claimed, the Tribunal awarded only Rs.2,27,750/- as compensation. The appellant/claimant claims to be aggrieved by the impugned award. Adequate quantum of compensation has not been awarded, it is contended. The crux of the challenge is that compensation awarded for loss of dependency at Rs.2,00,000/- is not adequate and sufficient. 2. We have considered all the relevant circumstances. The deceased/child was aged only 13 years and was obviously a school student at the time of her death. The claimant/appellant was aged 45 years at the time of death of the child. The Tribunal M.A.C.A.No.294/02009 2 appears to have guesstimated and came to the conclusion that the child must have earned an amount of Rs.10,000/- per month later in her life after she completes her education and secures employment. The Tribunal took note of the probability that the deceased girl child must have soon got married also. Having considered all these, an amount of Rs.2,00,000/- was fixed as the quantum of compensation payable for loss of dependency. Viewed from any angle, we are not persuaded to agree that the quantum awarded under the head of loss of dependency deserves or warrants interference at the instance of the appellant/claimant. In any view of the matter, we are satisfied that the quantum of compensation awarded under the head of loss of dependency is absolutely fair, reasonable and just and at any rate, the appellant/claimant can have no room to complain. 3. This M.A.C.A is in these circumstances dismissed. (R.BASANT, JUDGE) (P.R.RAMACHANDRA MENON, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.294/02009 3 M.A.C.A.No.294/02009 4 R.BASANT & P.R.RAMACHANDRA MENON, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009