IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 MACA.No. 2454 of 2009() ----------------------- OPMV.280/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 2ND RESPONDENT: -------------------------------------------------------- RAVEENDRAN, CHIRAPPURATHU HOUSE, NEAR KURISUPALLY, KAIPUZHA, KOTTAYAM. BY ADV. MR.M.J.THOMAS RESPONDENT(S): PETITIONERS AND RESPONDENTS 1 AND 3: --------------------------------------------------------------------------------------------- 1. KALAYANI, W/O. NARAYANAN (DIED), KUDALINGALCHIRAYIL, NEENDOOR, ONAMTHURUTHU, KOTTAYAM. 2. KAMALAKSHY, D/O. NARAYANAN, KUDALINGALCHIRAYIL, NEENDOOR, ONAMTHURUTHU, KOTTAYAM. 3. GOPI, S/O. NARAYANAN, KUDALINGALCHIRAYIL NEENDOOR, ONAMTHURUTHU, KOTTAYAM. 4. SASIDHARAN, S/O. NARAYANAN, KUDALINGALCHIRAYIL, NEENDOOR, ONAMTHURUTHU, KOTTAYAM. 5. SUMATHY, D/O. NARAYANAN, KUDALINGALCHIRAYIL, NEENDOOR, ONAMTHURUTHU, KOTTAYAM. 6. SARALA, D/O. NARAYANAN, KUDALINGALCHIRAYIL, NEENDOOR, ONAMTHURUTHU, KOTTAYAM. 7. CHANDRAN, S/O. NARAYANAN, KUDALINGALCHIRAYIL NEENDOOR, ONAMTHURUTHU, KOTTAYAM. 8. ANEESH, S/O. RAVEENDRAN, KUDALINGALCHIRAYIL NEENDOOR, ONAMTHURUTHU, KOTTAYAM, 9. UNITED INDIA INSURANCE CO. LTD., KOTTAYAM. R2 TO R7 BY ADVS. MR.PHILIP T.VARGHESE, MR.THOMAS T.VARGHESE. R9 BY ADV. SMT.RAJI T.BHASKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2454 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)280/05. The claimants are the legal representatives of one Narayanan who died in a road accident. The Tribunal awarded a sum of Rs.87,500/- to be paid to petitioners 2 to 7 and directed the insurance company to deposit the amount and get it reimbursed from 2nd respondent. It is the 2nd respondent who has come up in appeal challenging the quantum of the amount. The liability of reimbursement had taken place on account of the fact that the offending vehicle was driven by a minor who did not have any valid driving licence. 2. Now turning to the quantum. The deceased Narayanan was an aged person above 80 years. The postmortem shows his age as 70. Therefore it is desirable to fix the age at 70. If the age is between 66 to 70 years as M.A.C.A. 2454 OF 2009 -:2:- per the decision of the Apex Court in 2009 ACJ 1298 (Sarala Varma v. Delhi Transport Corporation) the appropriate multiplier is to be 5, since he was aged 70 years a notional income of Rs.15,000.- per annum has to be taken. 1/3rd has to be deducted for his personal expenses. When it is deducted the dependency compensation would come to Rs.50,000/-. The learned counsel for the appellant had stated before me that the accident had taken place at 6.30 p.m. and the death had taken place at 10.30 p.m. If it is so it was only some hours and as held by the Division Bench in case of a death of this nature including the instantaneous death the compensation for pain and sufferings can be fixed at Rs.5,000/-. The children had lost the father and the wife had lost the husband and an amount of Rs.12,000/- paid as loss of love and affection cannot be said to be excessive and therefore it has to be retained. Towards transport expenses certainly on the death the body has to be carried in a special vehicle and transport expenses of Rs.1,500/- also is allowed. The Court has allowed an incidental expense of Rs.1,000/- M.A.C.A. 2454 OF 2009 -:3:- which is also reasonable considering the fact that some attempts should have been taken to save the life of the man medicines should have been given to him and for funeral expenses a sum of Rs.2,000/- is given as provided under the schedule of the M.V.Act. When it is so the entitlement of total compensation would be Rs.71,500/-. Thus the claimants would be entitled to receive a compensation of Rs.71,500/-. In the result the claimants are awarded a compensation of Rs.71,500/- with 7.5% interest on the said sum from the date of petition till realisation. If the insurance company has deposited the entire amount of Rs.87,500 with interest they can get reimbursement of the amount in excess lying in deposit. The appellant/2nd respondent in the claim petition is directed to pay the amount ordered by this Court, to be paid to the insurance company. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-