IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 466 of 2004(C) ---------------------- OPMV.1077/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: --------------------------- R.ANASOOYA @ ALAMELU, D/O. LATE RAMASWAMY IYER, 95, COMPANY STREET, SOUTH VILLAGE, CHITTUR, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/ RESPONDENTS: -------------------------- 1. MANIKANDAN, S/O. PONNAN, RESIDING AT THUMBIPALLAM, PANAYUR, ATHIKKODE, CHITTUR, PALAKKAD DISTRICT. 2. CHANDRAN, S/O. VELAYUDHAN, RESIDING AT DO. DO. 3. M/S. ALANKAR STORES, 432, N.S.R. ROAD, SAIBABA COLONY, COIMBATORE. 4. UNITED INDIA INSURANCE CO.LTD., MILL ROAD, COIMBATORE. 5. R.MAHALAKSHMI D/O.LATE R.RANGANATHAN,95, COMPANY STREET, SOUTH VILLAGE, CHITTUR, PALAKKAD DISTRICT. 6. R.RAM GANESH, S/O. LATE R.RANGANATHAN, RESIDING AT DO. DO. 7. KRISHNA MOORTHY, S/O. LATE RAMASWAMY, RESIDING AT DO. DO. (CNTD.....) MACA.No. 466 of 2004(C) -2- 8. GOPALAN S/O. LATE RAMASWAMY, RESIDING AT DO. DO. 9. SARASWATHY D/O. LATE RAMASWAMY, RESIDING AT DO. DO. 10. KALYANI D/O. LATE RAMASWAMY, RESIDING AT DO. DO. 11. RAJAM KRISHNAN D/O. LATE RAMASWAMY, RESIDING AT DO. DO. 12. JAYALAKSHMI D/O. LATE RAMASWAMY, RESIDING AT DO. DO. ADV. SRI.PROMY KAPRAKKATT FOR R5 TO12 SRI.LIJU. M.P FOR R1 & R2 SRI.M.V.BIPIN FOR R1 & R2 SRI.P.R.RAMACHANDRA MENON FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.466 of 2004 - C =============================== Dated this the 4th day of December, 2008. J U D G M E N T KOSHY, J. A person aged 65 died in a motor accident on 11.6.1998. Tribunal found that the accident occurred due to the negligence of the 1st respondent. The above vehicle was insured by the 4th respondent, United India Insurance Company Ltd. 1st respondent was charge sheeted for causing death by rash and negligent driving. Ext.B2 is the certificate of insurance. However, Tribunal did not award any compensation on the ground that claimants and respondents 5 and 6 were not dependants. Therefore, Tribunal dismissed the application. 1st claimant alone filed the appeal. She is the unmarried sister of the deceased. The claim was filed by the brothers, sisters and brothers' children. Appellant is one of the legal heirs as per the legal heirship certificate. According to the appellant, she is unmarried and was fully depending on the deceased for her livelihood. For claiming compensation a legal representative can maintain an application. Dependency need not be proved. Parents of the deceased are no M.A.C.A.No.466 of 2004 - C 2 more. So, brothers and sisters can maintain an application. In this case, it is the case of the appellant that she was solely depending on the deceased. Deceased was a poojari. Exact income is not assessable from evidence. Accident occurred in 1998. He was aged 65 at the time of accident. Considering these facts, we are of the opinion that minimum compensation of Rs.50,000/- can be awarded apart from funeral expenses Rs.2,000/-, transportation Rs.1,000/- and for loss of estate, Rs.2,000/-. Therefore, the total compensation payable will be Rs.55,000/-. The said amount should be deposited by the 4th respondent/insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, appellant is allowed to withdraw the same. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-