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 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 239 of 2004() ---------------------- OPMV.1173/2000 of MACT, NEYYATTINKARA .................... APPELLANT(S): APPELLANTS/APPLICANTS ----------------------------------- 1. RAJU, KARITHALACKAL VIAL ROADARIKATHU VEEDU, CHAIKOTTUKONAM.P.O., NEYYATTINKARA (DIED) 2. INDIRA, AGED 35, W/O.RAJU, KARITHALACKAL VILA ROADARIKATHU VEEDU, CHIKOTTUKONAM.P.O., NETTATTINKARA. 3. RAJESH.R.I., AGED 19, S/O..RAJU, KARITHALACKAL VILA ROADARIKATHU VEEDU, CHAIKOTTUKONAM.P.O., NEYYATTINKARA. 4. RAJIMOL.I.R., AGED 18, D/O.INDIRA, KARITHALACKAL VILA ROADARIKATHU VEEDU, CHAIKOTTUKONAM.P.O., NEYYATTINKARA. 5. ANITHA.I.R., AGED 15, D/O.INDIRA, KARITHALACKAL VILA ROADARIKATHU VEEDU, CHAIKOTTUKONAM.P.O., NEYYATTINKARA. 6. CHITRA.I.R., AGED 13, D/O.INDIRA, KARITHALACKAL VILA ROADARIKATHU VEEDU, CHAIKOTTUKONAM.P.O., NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL SRI.T.A.PRASANTH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION MADURAI (DIVISION III) LIMITED, NAGORCOIL, TAMILNADU. 2. SREEKUMARAN NAIR, JALAJA BHAVAN, VIRIVILA JUNCTION, AARU DESOM, VILVANCODE, K.K.DISTRICT, TAMIL NADU. ADV. SRI.SUBHASH CYRIAC FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 239 OF 2004 -------------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation. We have heard counsel appearing for the appellants and counsel appearing for the respondent-Corporation. Appellants 2 to 6 are the legal heirs of one Mr. Raju, who sustained injuries in a road accident caused by the bus operated by the first respondent. The accident was on 2.8.2000 and the injured underwent treatment for minor injuries at the Government Hospital, Parasala. He was discharged on 15.8.2000 and injuries sustained are seen trivial in nature. However, the injured died on 6.5.2003 that was after passing of the award. Even though the deceased while prosecuting claim petition claimed subsequent treatment in the Medical College Hospital, the MACT did not accept the same because as those were not attributable to the injuries caused in the accident. According to legal heirs, the death occurred in 2003 is 2 attributable to the injuries sustained in the accident. Counsel for the respondent-Corporation submitted that the deceased died of natural cause and there is no evidence to the contrary. Moreover the injuries sustained were not serious and that is the reason why he was not taken to any Medical College Hospital or any big hospital for treatment. We are in agreement with this argument because no postmortem was done on the body of the deceased and consequently the cause of death is not known. Secondly treatment at the Medical College Hospital is more than one year after the accident and there are no details as to the disease for which he was treated in the hospital. In these circumstances, the only inference is that deceased died of some disease or on account of natural cause which are not attributable to the accident. Therefore the claim for enhancement of compensation for the death of the injured is rejected. 2. Even though appellants could not connect the death of the deceased with the accident, we feel the compensation awarded is very low because the injured was in the hospital for 13 days as an impatient. Therefore abrasions and lacerations sustained are more serious in 3 nature than they appeared to be. Therefore injured would have suffered pain and would have been disabled to work for some time. We therefore enhance the total compensation from Rs. 10,000/- to Rs. 25,000/- with direction to the first respondent to deposit the additional compensation granted by us with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 4