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 18TH OCTOBER 2010 / 26TH ASWINA 1932 MACA.No. 2518 of 2008(B) ------------------------ OP(MV).1722/2004 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE ORIENTAL INSURANCE CO.LTD., KOCHI, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANTS 2 & 3 ------------------------------ 1. OMANA NARAYANAN, W/O.NARAYANAN, ILLIPARAMPU HOUSE, KAIPUZHA P.O., KOTTAYAM. 2. SANDHYA NARAYANAN, D/O.NARAYANAN, ILLIPARAMPU HOUSE, KAIPUZHA P.O., KOTTAYAM. ADV. SRI.N.MAHESH FOR R1,R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIEVERED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2518 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 18th day of October, 2010 JUDGMENT Barkath Ali, J. This appeal by respondent No.3 under section 173 of the Motor Vehicles Act is directed against the judgment and award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) No.1722 of 2004 dated April 30, 2008, awarding a compensation of Rs.3,43,000/- for the loss caused to the claimants on account of death of one Soumya in a motor accident that occurred on January 28, 2004. 2. According to the claimants, the accident happened while the deceased was travelling in a jeep bearing registration No.KL-10A 4068 along Vaikkom – Kottayam road, and when the jeep reached near Pottenchira Bridege a tipper lorry bearing registration No.KL-07H 7173, driven by respondent No.1, came from the opposite direction dashed against the jeep. She sustained serious injuries and succumbed to the injuries sustained on the same day on the way to hospital. Deceased was a girl, aged 19 at the time of the MACA 2518/2008 2 accident. Claimants are her parents and sister. Alleging negligence, against respondent No.1, driver of the tipper lorry, the claimants filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act, claiming a compensation of Rs.7 lakhs. 3. During the pendency of the O.P., first claimant (father of the deceased) died. Respondents 1 and 2 in the O.P., the owner and driver of the offending tipper lorry, remained absent before the Tribunal. Respondent No.3, insurer of the offending tipper lorry, filed a written statement admitting the policy but attributed negligence to the driver of the jeep. 4. Exts.A1 to A11 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 1st respondent and awarded a compensation of Rs.3,43,000/- with interest @ 7% per annum from the date of petition till realization and cost of Rs.7,000/-. Respondent No.3, insurer of the offending tipper lorry, has come up in appeal challenging MACA 2518/2008 3 the quantum of compensation awarded by the Tribunal. 5. Heard learned counsel for the Appellant Insurance Company and learned counsel for the claimants. 6. The only question, which arises for consideration, is whether the compensation awarded by the Tribunal is excessive or not. 7. The Tribunal awarded a compensation of Rs.3,43,000/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.2,52,000/- Loss of expectation : Rs. 25,000/- Transport to hospital : Rs. 5,000/- Damage to clothing : Rs. 1,000/- Funeral expenses : Rs. 5,000/- Pain and suffering : Rs. 10,000/- Loss of estate : Rs. 25,000/- Loss of love and affection : Rs. 20,000/- ------------------ Total : Rs.3,43,000/- ======= 8. Learned counsel for the appellant Insurance Company argued that the Tribunal took the monthly income of the deceased as Rs.3,000/- to assess the loss of dependency, which appears to be excessive, as there was no evidence to prove the MACA 2518/2008 4 income of the deceased. There is no substance in the above contention. The deceased was a girl aged 19 at the time of the accident. She was a student at that time. The Apex Court held in Laxmi Devi and others V. Mohammad Tabbar and another (2008 ACJ 1488) that even an unskilled labourer will be getting Rs.100/- per day. Therefore, the Tribunal is perfectly justified in assessing her monthly income as Rs.3,000/-. 9. Having perused the judgment and award of the Tribunal and in the circumstances of the case, we are of the view that the compensation awarded by the Tribunal is just and reasonable and not excessive. That being so, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn