IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH DECEMBER 2007 / 27TH AGRAHAYANA 1929 MFA.No. 64 of 2000(B) ------------------------------ OP(MV) 212/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM ...................................... APPELLANT/PETITIONERS ------------------------------------- 1. RAVUNNI, S/O. RAMAN, AGED 73 YRS, EDATHODI VEEDU, KALLUVAZHI DESOM AND POST, OTTAPALAM TALUK, PALAKKAD DIST. 2. LAKSHMI, W/O. RAVUNNI, AGED 53 YRS, EDATHODI VEEDU, KALLUVAZHI DESOM AND POST, OTTAPALAM TALUK, PALAKKAD DIST. 3. VASANTHAKUMARI, W/O. LATE KRISHNADAS, AGED 23 YRS, EDATHODI VEEDU, KALLUVAZHI DESOM AND POST, OTTAPALAM TALUK, PALAKKAD DIST. 4. KRISHNAKUMAR, S/O. LATE KRISHNADAS, AGED 3 YRS (MINOR), REP. BY HIS MOTHER AND GUARDIAN, VASANTHAKUMARI, THE 3RD PETITIONER HEREIN, AGED 23 YRS, W/O. LATE KRISHNADAS, EDATHODI VEEDU, KALLUVAZHI DESOM AND POST, OTTAPALAM TALUK. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTS/RESPONDENTS 4, 1 AND 3 ------------------------------------------------------------- 1. MOHAMMED ALI, S/O. PATTANI ABU, AGED 28 YRS, PANNIYAMKURUSSI, CHERPALCHERY VIA, OTTAPALAM TALUK, PALAKKAD DIST. MFA NO. 64/2000 2. ABU, S/O. PATTANI IBRAHIM, AGED ABOUT 48 YRS, H. NO. 6/51, PANNIYAMKURUSSI, CHERUPULASSERY, OTTAPALAM TALUK, PALAKKAD DIST. 3. THE UNITED INDIA INSURANCE CO. LTD., PB NO. 192, MAVOOR ROAD, CALICUT. R1 BY ADVS. SRI.P.G.PARAMESWARA PANICKER SRI.SANTHEEP ANKARATH SRI.MATHEWS JACOB(SR)SC INSURANCE (R3) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 64 of 2000 -------------------------------------------- Dated this the 18th day of December, 2007. JUDGMENT Koshy, J: A 24 year old youngster while travelling in a goods vehicle met with a fatal accident and died as the driver of the vehicle drove the vehicle in a negligent manner. The vehicle was insured by the 3rd respondent-Insurance Company. The deceased was a manual worker employed in tarring of road. The Tribunal fixed Rs.1500/- as the monthly income as the incident occurred in 1992 taking Rs.75/- per day as the daily income. After deducting 1/3rd , Rs.1000/- was taken as the monthly dependency. Deceased was having only one child. The Tribunal awarded Rs.1,94,500/- with interest and cost. We are of the view that reasonable compensation has been awarded. We find no ground to interfere in the award at the instance of the appellants-claimants. Appeal is dismissed. Sd/- J.B.KOSHY, JUDGE. Sd/- K. HEMA, JUDGE Krs. 2 J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 64 of 2000 -------------------------------------------- Dated this the 18th day of December, 2007. JUDGMENT