IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 MACA.No. 597 of 2011() ---------------------- OPMV.206/2009 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/THIRD RESPONDENT -------------- NEW INDIA ASSURANCE COMPANY LTD, REP.BY THE MANAGER, REGIONAL OFFICE, KOCHI BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/RESPONDENTS --------------- 1. RAFEEK,S/O.ABDULLA, AGED 41 YEARS, MUSIARAVIDA HOUSE, PODUPPANAM DESOM POST PODUPPANAM, VATAKARA TALUK,KOZHIKODE DIST ,PIN-673101 2. ZUBAIDA, W/O.RAFEEK, AGED 37 YEARS, -DO- 3. SAFEER, S/O.RAFEEK, AGED 16 YEARS, -DO- 4. SAFEENA, D/O.RAFEEK,11 YEARS, (MINOR)-DO-MINOR RESPONDENTS 3 & 4 REP.BY FIRST RESPONDENT SHAFEEK, FATHER AND NEXT FRIEND-DO 5. ABDUL ASEEZ, S/O.MOIDEEN, NOTTIKKAT(H) MUYUPPOTH POST, MEPPAYOOR,,KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673524 6. SATHEESH, S/O.CHOI, AGED 35 YEARS, MEETHALE AROTH(H),VIYOOR AMSOM, KOLLAM DESOM, KOYILANDY TALUK, KOZHIKODE DIST, KERALA STATE,PIN-673101 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.597 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2011 JUDGMENT Barkath Ali, J. Appellant is the third respondent Insurance Company in O.P.(MV)No.206/2009 on the file of Motor Accidents Claims Tribunal, Vatakara. In this appeal the appellant challenges the judgment and award of the Tribunal dated January 6, 2011 awarding a compensation of Rs. 2,71,000/- to the claimants, who are respondents 1 to 4 in this appeal, for the loss caused to them on account of the death of deceased Shaniba in a motor accident that occurred on September 29, 2008. 2. Claimants are the parents, brother and sister of deceased Shaniba. The accident happened while the deceased was waiting on the side of National Highway near Kottakadavu bus stop, she was knocked down by a car bearing Reg.No.KL-13/E-6732 driven by the second respondent. The deceased sustained serious injuries and she succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the second respondent in the O.P., the claimants filed the O.P. before the Tribunal claiming a compensation of Rs. 5,00,000/-. MACA.No.597/2011 2 3. Respondents 1 and 2 in the O.P., the owner and the driver of the offending car filed a written statement admitting the accident, but denied the liability. The third respondent/appellant, the insurer of the offending car filed a written statement admitting the policy. 4. Exts.A1 to A6 were marked on the side of the claimant before the Tribunal. RW1 was examined and Exts.B1 to B3 were marked on the side of the third respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the first respondent in the O.P. and awarded a compensation of Rs. 2,71,000/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs.2,500/-. The third respondent Insurance Company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant Insurance Company and the counsel for the claimants. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent in the O.P. is not seriously challenged in this appeal. Therefore, the only question which arises for consideration is whether the MACA.No.597/2011 3 compensation awarded by the Tribunal is excessive. 7. The Tribunal awarded a total compensation of Rs. 2,71,000/- . The break up of the compensation awarded is as under : Transportation - Rs. 3,000/- Loss of dependency - Rs.1,50,000/- Loss of love and affection - Rs. 10,000/- Loss of estate - Rs. 5,000/- Funeral expenses - Rs. 3,000/- Loss of expectation of life - Rs.1,00,000/- 8. Counsel for the appellant/Insurance Company argued that the Tribunal awarded Rs.1,00,000/- for loss of expectation of life which is excessive. There is no force in the above contention. The deceased was a girl aged 13 at the time of accident. The Tribunal took her income as only Rs.1250/- per month. Taking into consideration her future prospects in life, we feel that the compensation awarded by the Tribunal is just and reasonable and not excessive. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.597/2011 4 MACA.No.597/2011 5