IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 MACA.No. 2246 of 2008() ----------------------- OPMV.834/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANT ----------------------- JAYA MOHAN, S/O.GOPINATHA PILLAI, KALA MANDIRAM, EDAMULAKKAL.P.O, ANCHAL, KOLLAM DISTRICT. (DIED. LRS IMPLEADED). ADDL.APPELLANTS IMPLEADED 2. JAYAKUMARI.K. W/O. LATE. JAYAMOHANAN PILLAI, KRISHNA BHAVAN, THEVAARTHOTTAM, THADICADU P.O. ANCHAL, KOLLAM DISTRICT. 3. ARJUN.J.MOHAN, AGED 5 YEARS, S/O. LATE. JAYAMOHANAN PILLAI, KRISHNA BHAVAN, THEVAARTHOTTAM, THADICADU P.O. ANCHAL, KOLLAM DISTRICT. 4. R.GOPINATHAN PILLAI, AGED 70 YEARS, S/O. RAGHAVAN PILLAI, KALAMANDIRAM, EDAMULAKKAL P.O. ANCHAL, KOLLAM DISTRICT. 5. SANTHAMMA, AGED 57 YEARS, W/O. GOPINATHAN PILLAI, KALAMANDIRAM, EDMULAKKAL P.O. ANCHAL, KOLLAM DISTRICT. (LRS OF DECEASED APPELLANT ARE IMPLEADED AS ADDL.APPELLANTS 2 TO 5 VIDE ORDER DATED 22/2/2010 IN I.A. NO.522/2010) BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S)/RESPONDENTS: --------------- 1. LIYAS D.STEPHEN, S/O.STEPHEN, NEDIYA KALA, INIAKKADU, MYLOM.P.O, KOTTARAKKARA. 2. ALIYARUKUNJU, MANGALATHU PUTHEN VEEDU, CHORANADU, VADAMON.P.O, ANCHAL KOLLAM. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD, KOTTARAKKARA. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/03/2010, ALONG WITH MACA NO. 716 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. ------------------------ M.A.C.A.No. 2246/2008 & 716OF 2009 ------------------------ Dated this the 22nd day of March, 2010 JUDGMENT BASHEER, J. These two appeals are being disposed of by this common judgment since they arise from the same award passed by the Motor Accident Claims Tribunal, Punalur. 2. Compensation was initially sought for by one Jaya Mohan for the injuries sustained by him in a motor accident. It was brought out in evidence that he had suffered very serious injuries on his spinal code and had thus become totally disabled. His disability was assessed at 100%. The Tribunal awarded a total sum of Rs.7,38,593/- with 7.5% interest p.a. and also with proportionate cost. 3. Sri.Jaya Mohan preferred MACA No.2246/2008 challenging the inadequacy of the amount awarded. It is on record that he passed away during the pendency of this appeal. His young widow, minor child and old parents have come on record as the legal representatives and they are now prosecuting this appeal. MACA.Nos.2246/08 & 716/2009 2 4. M.A.C.A. No. 716/2009 has been preferred by the Insurance Company contending that the award is highly exorbitant and unreasonable. 5. When these appeals came up for consideration on the last occasion, we heard the learned counsel for the parties and perused the materials available on record. Having done so, we found that both the appeals were without any merit. 6. However, the Tribunal did not have any occasion to apportion the compensation, especially because the victim was still alive at that time, we deem it fit that it would be in the propriety of things to do so to avoid any further confusion or complication. Therefore, a suggestion was made to the learned counsel for the claimants to place on record proper affidavits indicating as to how apportionment is to be made. 7. Accordingly, three affidavits have been placed on record; one by the widow and two by the parents of the victim. In the separate affidavits filed by the parents, they have stated that they would be satisfied if both of them are paid Rs.1,50,000/- each out of the total sum of Rs.10,00,000/- (approximate). MACA.Nos.2246/08 & 716/2009 3 8. The balance is to be divided equally between the widow and minor son of the deceased victim. The affidavits are taken on record. 9. We order that Rs.1,50,000/- each shall be released to the parents of the victim without any further interest thereon. The entire balance amount shall be paid to the widow and minor son. 10. It is directed that the minor son's share shall be invested in a Fixed Deposit till he attains majority. The widow's share shall be released to her in terms of the direction issued by the Tribunal. The appeals are disposed of in the above terms. A.K.BASHEER,JUDGE P.Q.BARKATH ALI , JUDGE dpk