IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 MACA.No. 2814 of 2008(A) ------------------------------- OPMV.662/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S)/PETITIONERS: -------------------------------- 1. K.G. SUBRAMANIYAN, 58 YEARS, S/O. GOPALAN, R/A KOTTUVELLEL HOUSE, KOLAZHY, THRISSUR. 2. SANEESH K.S., 25 YEARS, S/O. SUBRAMANIAN, R/A KOTTUVELLEL HOUSE, KOLAZHY, THRISSUR. 3. BHAGYANATH @ SAJI, S/O. SUBRAMANIAN. R/A KOTTUVELLEL HOUSE, KOLAZHY, THRISSUR. 4. DIVYA K.S., 20 YEARS, D/O. SUBRAMANIAN. R/A KOTTUVELLEL HOUSE, KOLAZHY, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM SMT.GISA SUSAN THOMAS RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. RAMESH C.R., S/O. RAGHAVAN, CHELANGALIYATH HOUSE, THENGALOOR, THRISSUR. MACA.No. 2814 of 2008(A) -2- 2. ROYAL, SUNDARAM ALLIANCE, INSURANCE CO. BRANCH OFFICE, SUNDARAM TOWERS, CHENNAI. (P. NO.UM 00237478000101 VALID FROM 10/01/05 TO 09/01/06) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ M. A. C. A. No.2814 of 2008 ------------------------------------------------ Dated this the 8th day of February, 2011 JUDGMENT Balakrishnan, J The husband and three children of deceased Santha who were awarded a total amount of Rs.1,78,650/- as compensation by MACT, Ottapalam have come up in appeal complaining of inadequacy of compensation awarded by the learned Tribunal. The deceased Santha met with an accident on 14/04/05 and sustained fatal injuries to which she succumbed on 16/04/05. Deceased was a pensioner drawing a sum of Rs.2,800/- as monthly pension. The appellants contend that the monthly income assessed by the learned Tribunal at Rs.2,100/- is too low. The learned Tribunal has taken note of the fact that the deceased was a pensioner and was getting a monthly pension of Rs.2,800/- at the time M. A. C. A. No.2814 of 2008 -2- of her death as evidenced by Ext.A23, the copy of the pension book. The deceased was aged 57 years at that time. The learned counsel for the appellants submits that the deduction of 1/3rd of amount made by the learned Tribunal towards personal expenses is unsustainable. On going through the impugned judgment, it is seen that the learned Tribunal has not deducted 1/3rd from the pension amount, but the sum of Rs.2,100/- was assessed as her monthly income, besides the pension. As there was no other evidence to show that the deceased was having any other job or avocation, it is certain that the aforesaid sum of Rs.2,100/- was quantified by the learned Tribunal as the amount for the service rendered by her to her family. As usual, 1/3rd has to be deducted for personal expenses. 2. The learned counsel for the appellants submits that at least a sum of Rs.3,000/- should be taken as the income even if she was a non-earning member. At this juncture, the M. A. C. A. No.2814 of 2008 -3- fact that she was a pensioner is also to be taken into account. The incident took place in April, 2005. Considering all these aspects, we find that her monthly income can be taken as Rs.2,800/- from which 1/3rd of the same has to be deducted for her personal expenses. So, the appellant's dependency would come to Rs.1,866.67/- (rounded off to Rs.1,867/-). Thus, compensation for loss of dependency would come to Rs.1,79,232/- [Rs.1,867/- x 12 x 8 = 1,79,232/-]. 3. The learned counsel for the appellants would also submit that only a sum of Rs.5,000/- was granted as compensation for pain and sufferings. The injured was in hospital for nearly three days. Considering all the aspects towards pain and sufferings, another sum of Rs.5,000/- can be granted. Though serious arguments were addressed regarding the inadequacy of the compensation granted towards loss of consortium and also towards loss of love and M. A. C. A. No.2814 of 2008 -4- affection, since the learned Tribunal has awarded reasonable amount of Rs.10,000/- each, we are not inclined to enhance the same. We do not find reason to interfere with the amount awarded towards transportation expenses, funeral expenses etc. Thus, the amount to which the appellants are entitled is re-fixed at Rs.2,17,232/-. The claimants are entitled to get interest at 8% per annum from the date of application till the date of deposit. On deposit of the above amount, the appellants are allowed to withdraw the same. 4. The appeal is thus, allowed in part. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- M. A. C. A. No.2814 of 2008 -5-