IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 MACA.No. 648 of 2005(B) ---------------------- OPMV.539/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANTS/PETITIONERS ------------------------------------ 1. MERCY, W/O.BABY, ADACKAPPARA HOUSE, KIZHAKKANMATTOM P.O. 2. GEORGE, S/O.BABY (MINOR), (DATE OF BIRTH 8/4/1999), REP. BY HIS MOTHER AND NEXT FRIEND MERCY, THE 1ST PETITIONER. 3. JOSEPH, S/O.JOSEPH, ADACKAPPARA HOUSE, KIZHAKKANMATTOM P.O. 4. ROSAMMA, W/O.JOSEPH, ADACKAPPARA HOUSE, KIZHAKKANMATTOM P.O. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.R.SHYAM KUMAR RESPONDENTS : RESPONDENTS -------------------------- 1. SEBASTIAN, VADAKKEL HOUSE, PERUNILAM KARA, POONJAL P.O. 2. P.J.JOHN, PULLATTU HOUSE, PERUNILAM KARA, POONJAR P.O. 3. THE NEW INDIA ASSURANCE COMPANY LTD., PALAI. ADV. SRI.A.C.DEVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06.07.2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & N.K.BALAKRISHNAN, JJ. *********************** M.A.C.A No.648 of 2005-B ***************************** Dated this the 6th day of July, 2011 JUDGMENT BASANT, J. Claimants are the appellants. They are the widow, minor son, father and mother respectively of the deceased, who was aged 37 years on the date of the accident, ie. 19.05.1999. The 2nd appellant/claimant was born on 08.04.1999. 2. The only ground of challenge is the quantum of compensation. The Tribunal awarded a total amount of Rs.3,20,900/- as per the details given below. i) Loss of dependency : Rs.2,94,400.00 (2,300 X 12 X 2/3 X 16) ii) Transport to hospital : Rs. 1,000.00 iii) Damage to clothing : Rs. 500.00 iv) Funeral expenses : Rs. 5,000.00 v) Pain and suffering : Rs. 5,000.00 vi) Loss of conjugal society : Rs. 10,000.00 ----------------------- Total : Rs.3,20,900.00 ========= M.A.C.A No.648 of 2005-B 2 3. The learned counsel for the appellants submits that the multiplicand reckoned for ascertainment of compensation for loss of dependency, ie. Rs.2,300/- per month, is very low. The accident took place in the year 1999. No better evidence is made available to compute the quantum of compensation. Two documents Exts.A8 and A11 have been produced to suggest that the deceased was engaged in the business of slaughter tapping of the rubber trees. Even in the absence of any better evidence, the Tribunal has already taken Rs.2,300/- as the probable monthly income in 1999. We are unable to persuade ourselves to interfere with that discretion exercised by the Tribunal considering the materials available. 4. The learned counsel for the appellants then contends that no amount has been awarded under the head of loss of love and affection and loss of estate. The amount awarded under the head of loss of consortium – Rs.10,000.00, is too low, it is further contended. We have considered all the relevant circumstances. We are of the opinion that the appellants are entitled to the following further amounts by way of compensation. In coming to this conclusion, we take note of the fact that the second claimant/appellant was only 41 days of age when she lost her M.A.C.A No.648 of 2005-B 3 father. i) Loss of love and affection : Rs.15,000.00 (no amounts awarded) ii) Loss of consortium : Rs.5,000.00 (Rs.15,000.00 minus Rs.10,000.00) iii) Loss of estate : Rs.5,000.00 (global amount awarded) --------------------- Total : Rs.25,000.00 ========= 5. In the result: a) This appeal is allowed in part; b) In addition to the amount already awarded by the Tribunal, the appellants are found entitled to a further amount of Rs.25,000.00 (Rupees Twenty five thousand only) as shown above; c) All other directions of the Tribunal are upheld. The entire amount shall carry interest as directed by the Tribunal. (R.BASANT, JUDGE) (N.K.BALAKRISHNAN, JUDGE) rtr/