IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 MACA.No. 1444 of 2004() ----------------------- OPMV.391/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPLICANTS 1 AND ADDL. AAPPLICANT NO.3 ---------------------------------------------------- 1. VIJAYAKUMARI, AGED 31, T.C.21/1013, NANTHANCODE, KOWDIAR, P.O., THIRUVANANTHAPURAM. 2. S.INDRAKUMR RESIDING AT DO.DO. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): RESPONDENTS AND APPLICANT.2. ------------------------------------------- 1. THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD., (KUMBAKONAM DIVISION-II). THIRUCHIRAPALLY-620001. 2. S.KANAGARAJ, S/O.SEELAMUTHU, SOUTH STREET, PERUMBALLUR, PERUMPALLOOR P.O., TRICHY. 3. SATHEESAN, MEPPURATH AUTOMOBILES, NEAR LAKSHMI SILK HOUSE, KARUNAGAPALLY, KOLLAM-690 518. 4. RADHAKRISHNAN, S/O.KARUNAKARAN, KOLLAITHODE HOUSE, KARUNAGAPPALLY, KOLLAM DIST. 5. DISTRICT INSURANCE OFFICER, KERALA STATE INSURANCE DEPARTMENT, DISTRICT OFFICE, KOLLAM. 6. K.E.MEENAKSHY, PUTHENVEETIL, KARUVATTA P.O., ALAPPUZHA-690 517, NOW RESIDING AT TC.11/193, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM. ADV. SRI.SUBHASH CYRIAC FOR R1 SRI SUBHASH CYRIC BY ORDER FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER,J & M.L.JOSEPH FRANCIS, J ------------------------------------------------------------------- MACA.NO.1444 OF 2004 ---------------------------------------- Dated this the 20th day of December, 2010 JUDGMENT The appellants are the young widow and minor son of deceased Sailendrakumar who suffered a fatal injury in a road traffic accident that occurred on June 7, 1998. The deceased was a driver by profession. Ext.A8 driving licence will show that he was authorised to drive heavy transport vehicles. Appellant No.1 was aged 24 at the time of the accident and the deceased was only 34. In fact, appellant No.2 was born shortly after the accident. Respondent No.6 who is the mother of deceased Sailendrakumar, has been removed from the party array, since notice could not be served. In fact, she was claimant No.2 before the Tribunal. The tribunal after considering the documentary evidence available on record found that respondent No.1 Tamilnadu State Transport Corporation Limited to which the offending vehicle belonged shall be liable to pay a sum of Rs.30,02,000/- towards compensation to the widow, child and mother of deceased Sailendrakumar. The above award is under challenge at the instance of the widow and minor son. The primary grievance of the appellants is that the tribunal MACA.NO.1444 OF 2004 2 committed serious illegality in taking the monthly notional income of the deceased as only Rs.2,000/-, though the specific case before the tribunal was that he had been earning Rs.4,500/- per month. It is true that the appellant had not produced any document to show that the deceased was earning Rs.4,500/- per month. But still, having regard to the fact that the deceased was holding a driving licence which authorised him to drive heavy transport vehicle, we are of the view that on a moderate estimate, the monthly income could have been taken as Rs.3,000/- at least. By reckoning the monthly income as Rs.3,000/- and deducting 1/3rd towards personal expenses, the dependency compensation can be recalculated thus: 24,000 X 16 = Rs. 3,84,000/-. The Tribunal has awarded only Rs.2,56,000/- under the head of loss of dependency. Therefore, the appellants and the mother of the deceased shall be entitled to get an additional compensation of Rs.1,28,000/-. The tribunal has awarded a sum of Rs.5,000/- under the head of pain and suffering. In our view the said amount is too inadequate. Therefore, an additional sum of Rs.10,000/- is awarded under this head. Similarly, for loss of love and affection the Tribunal has awarded only a sum of Rs.10,000/-. An additional sum of Rs.10,000/- is awarded under MACA.NO.1444 OF 2004 3 this head also. Thus, the appellants and mother of deceased Sailendrakumar shall be entitled to get additional compensation of Rs.1,48,000/-. This amount shall also bear interest at the rate of 9% from the date of petition till the date of realisation. The amount of compensation shall be apportioned among the widow, minor son and mother of deceased Sailendrakumar in the proportion as set out by the Tribunal in the award. The appeal is disposed of in the above terms. A.K.BASHEER,JUDGE M.L.JOSEPH FRANCIS,JUDGE pm