IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 MACA.No. 437 of 2004() ---------------------- OPMV.440/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANTS/APPLICANTS: ---------------------------------------- 1. SRI. ATTINGAL K. VASUDEVAN NAIR, ADVOCATE, PARAVILA VEEDU, THUNDATHI P.O., (VIA.) KARIYAVATTOM, THIRUVANANTHAPURAM. 2. MRS. SANTHAKUMARI AMMA, PARAVILA VEEDU, THUNDATHIL P.O., KARIYAVATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT/RESPONDENTS: --------------------------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR, K.S.R.T.C., TRANSPORT BHAVAN, PORT, THIRUVANANTHAPURAM. 2. GANGADHARAN NAIR, S/O. KUNJAN NADAR, DRIVER, VELLUVILA, M.N. NIVAS, PERUMKADAVILA ANAVOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., ST. JOSPH PRESS BUILDING, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. SANTHOSH KUMAR, S/O. SREEDHARAN PILLAI THOTTINKARA PUTHEN VEEDU, THUNDATHIL P.O., KARIYAVATTOM, THIRUVANANTHAPURAM. 5. THE GENERAL MANAGER, ORIENTAL INSURANCE CO., DIVISIONAL OFFICE UP VII/223, ST. MARY VILLA ULLOOR P.O., THIRUVANANTHAPURAM. R3 BY ADV. SRI. LAL GEORGE R5 BY ADV. SRI.M.JACOB MURICKAN R1 BY ADVS. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. SRI.V.V. NANDAGOPAL NAIR, SC, K.S.R.T.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER,J. & P.Q. BARKATH ALI, J. ------------------------------------- M.A.C.A No. 437 OF 2004-B -------------------------------------- DATED THIS THE 23rd DAY OF MARCH, 2011 ORDER Basheer, J: Appellants are the parents of a 22 year old youth who died in a road traffic accident in the year 1999. The appellants claimed a total sum of ` 20 lakhs as compensation from the owner, driver and insurer of the vehicle. After considering the oral and documentary evidence adduced by the appellants, the Tribunal awarded a sum of ` 2,34,120 with interest @9% and directed the insurance company to pay the same. The above award is challenged in this appeal by the appellants contending inter alia that the award is too meagre and inadequate. 2. The Tribunal, while reckoning the dependency compensation, has taken the notional monthly income of the deceased as ` 2,500/-. After deducting one-third and applying a multiplier of 11, the Tribunal found that the claimants would be entitled to get a sum of ` 1,89,120/- under that head. In addition to that, the Tribunal awarded a sum of ` 25,000/- under the head of loss of love and affection and ` 5,000/- as funeral expenses. A MACA No.437/2004 -2- sum of Rs.10,000/- was awarded towards loss of estate and for pain and suffering a sum of Rs.5,000/- was also awarded. 3. It has come out in evidence that appellants' son was doing post graduate course in Mathematics at the time of his death. Admittedly, he had passed his B.Ed examination after graduation. According to the appellants, the deceased had been working as a teacher in a school belonging to one of his collegues at the time of his death. His idea was to take up full time employment as a teacher after obtaining his post graduate degree. It had also come out in evidence that the deceased was a very good footballer. He was in the N.C.C during his student days. 4. Keeping in view all the above facts and circumstances which stood uncontroverted, we are satisfied that the notional monthly income of the deceased can be taken as Rs.3,500/- for the purpose of calculating the compensation under the head of loss of dependency. In this context, it must be remembered that the deceased was the only son of the appellants. Even though any amount of compensation can be no substitute for the loss sustained by the parents, we are of the view that atleast some just and reasonable compensation must be awarded to them. MACA No.437/2004 -3- Therefore, the dependency compensation be calculated thus: `3,500X2/3X12X9 = ` 2,52,000/- The award is modified to the above extent, and in all other respects the award passed by the Tribunal is sustained. Sd/- A.K. BASHEER, JUDGE. Sd/- P.Q. BARKATH ALI, JUDGE. AMG True copy P.A to Judge