IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 MACA.No. 1818 of 2005() ----------------------- OPMV.372/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD. .................... APPELLANT(S): 3RD RESPONDENT: ----------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.M.A.GEORGE RESPONDENT(S): --------------- 1. K.SAROJINI, AGED ABOUT 52 YEARS, MOTHER OF LATE PRASAD, NAMMARATH HOUSE, PUTHIYIDAM, PAYYAMPALLY, MANANTHAVADY TALUK. 2. SHIJI.K., AGED ABOUT 28 YEARS, W/O.LATE PRASAD, SISTERS VILLA, B'STREET, GOVINDLO, MANANTHAVADY. 3. N.RAJAN, F/O LATE PRASAD, NAMVATH VEEDU, ARATTUTHARA P.O., PAYYAMPALLY. 4. SHIBURAJ, AGED ABOUT 35 YEARS, S/O.DAMODARAN NAIR, PALLIKUNNUMMAL HOUSE, PUTHUPPADY AMSOM DESOM, KOZHIKODE DIST. 5. V.K.DAMODARAN, AGED ABOUT 40 YEARS, S/O.KORAN, VALLIKETTUKUNNUMMAL HOUSE, P.O.PUTHUPPADY, THAMARASSERY, KOZHIKODE DIST. 6. PRADEEPAN, AGE NOT KNOWN, S/O.RAJAN, NAMMARATH HOUSE, PUTHIYIDAN, PAYYAMPALLY, MANANTHAVADY TALUK. 7. THE NEW INDIA ASSURANCE COMPANY, KALPETTA. ADV. SRI.A.C.DEVY FOR R7 SRI.ABRAHAM MATHEW (VETTOOR) FOR R1 TO R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON 11/08/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1818 of 2005 .................................................................... Dated this the 11th day of August, 2009. JUDGMENT Abdul Rehim, J. The third respondent-Insurance Company before the Tribunal is in appeal challenging the quantum of compensation awarded. The accident had resulted in instantaneous death of a person aged 28 years. The parents and widow are the claimants. The Tribunal awarded a total compensation of Rs.5,36,000/-. 2. Heard learned counsel appearing for the appellant-Insurance Company and counsel appearing for the respondents-claimants. It is contended that the Tribunal went highly erred in fixing the monthly income at Rs.3,500/- even after finding that except from the interested testimony of PW1, there is no proof regarding the earnings of the deceased. It is also stated that the findings of the Tribunal that he is owning an automobile workshop is against facts. On the other hand, counsel for the respondents-claimants submitted that oral evidence was adduced before the Tribunal to the effect that he is an automobile 2 mechanic. Further, the accident occurred when he was driving a jeep. From these facts we are not persuaded to accept the contention that the monthly gross income fixed by the Tribunal at Rs.3,500/- is on the higher side. The Tribunal had deducted 1/3 for personal expenses and the dependency is calculated only on the net income of Rs.2,333.33. It is also contended that amounts awarded under the head of pain and suffering is excessive. On a scanning of the award we find that the Tribunal had granted only a total compensation of Rs.5,36,000/- with respect to death of an automobile mechanic at the age of 28 years. We do not find any reason to interfere with the quantum of compensation awarded. Accordingly the appeal is dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms