IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 MACA.No. 1018 of 2010() ----------------------- OPMV.1406/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONERS ------------------------- 1. SREENIVASAN, AGED 60 YEARS, S/O. ADIMA, F/O. DECEASED SINI, VELAPARAMBIL HOUSE, P.O.KARUPADANNA, THRISSUR DIST. 2. KARTHU, AGED 58 YEARS, M/O. DECEASED SINI, -DO- 3. SIMI @ CHINNU, AGED 22 YEARS, SIS/O DECEASED SINI, -DO- BY ADV. SMT.JEENA JOSEPH RESPONDENT(S): RESPONDENTS -------------------------- 1. MADHU (OWNER), S/O. DHARMARAJAN, KARINATT HOUSE, P.O.KODUNGALLUR, LOKAMALESWARAM, PIN-680 664. 2. SUJITH (DRIVER), S/O. SIVARAMAN, THOTTASSERY HOUSE, P.O.KOTHAPARAMBU, KODUNGALLUR, PIN-680 664. 3. ORIENTAL INSURANCE CO. LTD., NORTH NADA, KODUNGALLUR, PIN-680 664. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No. 1018 of 2010-C ------------------------------------------------- Dated this the 4th day of July, 2011 JUDGMENT Basant,J. The claimants are the appellants. They are father, mother and sister respectively of the deceased - a young man aged 29 years who suffered injuries in a mother accident and succumbed to the same. The Tribunal awarded a total amount of Rs.1,76,500/- as per details given below: 1. Loss of dependency (2250 x 12 x 11 x 50 ) - Rs.1,48,500/- 100 2. Pain and suffering - 7,000/- 3. Transportation expenses - 2,000/- 4. Funeral expenses - 4,000/- 5. Compensation for loss of love and affection - 15,000/- -------------- 1,76,500/- =====- 2. The appellants claim to be aggrieved by the quantum of compensation awarded. The learned counsel was requested to M.A.C.A. No. 1018 of 2010 -: 2 :- explain the details of the challenge. The learned counsel contends that Rs.2,250/- reckoned as monthly income is not adequate. The deceased was a Conductor, it is submitted. No materials are admittedly produced to prove the employment or the quantum of monthly earnings. The Tribunal drew the presumption of prudence from the evidence available and the totality of circumstances that the deceased must have been earning an amount of Rs.2,250/- per mensem when the accident took place. The multiplier was reckoned as 11 considering the age of the younger of the parents. It was assumed that 50% of the earnings would have been contributed by the deceased to the family comprising of the parents and the unmarried sister. Though the counsel challenges the quantum of compensation awarded under the head of loss of dependency, we are not able to see any merit or basis in that grievance. 3. The learned counsel then contends that the quantum of compensation awarded for pain and suffering at Rs.7,000/- is not adequate. In the absence of any better evidence and in the absence of a contention that the deceased had endured the trauma after the accident for a long period of time, the award of the amount of Rs.7,000/- does appear to us to be reasonable. An argument is generally advanced that the amounts awarded under M.A.C.A. No. 1018 of 2010 -: 3 :- the heads of transportation expenses, funeral expenses and compensation for loss of love and affection are inadequate. On the materials available, we are unable to agree that there is any merit in the challenge raised on those grounds. 4. We are, in these circumstances, not persuaded to admit this appeal. This appeal is dismissed in limine. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge