IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 MACA.No. 46 of 2005() --------------------- OPMV.798/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: -------------------------------------- R.N.SEETHALAKSHMI, W/O.A.S.SURAMANIYAN, `SIVA NIVAS', P.O. AYAKKAD. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: RESPONDENTS: ------------------------- 1. O.N.MOHANRAJAN, S/O. NAGAN, KIZHAKKEKKARA HOUSE, NOCHIPPULLY, P.O. MUNDEER, PALAKKAD. 2. THE MANAGING DIRECTOR, K.S.R.T.C., TRIVANDRUM. 3. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B.NO.434, ST.JOSEPH'S BULDG., VAZHUTHAKKAD, TRIVANDRUM-14. BY ADV. SRI.LAL GEORGE FOR R3 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 46 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 JUDGMENT Son of the appellant at the age of 22 died in a motor accident on 25- 8-2001. The Tribunal awarded only Rs.1,85,000/- as total compensation. Quantum of compensation is disputed in this appeal. The deceased was running an agency of Arya Vaidya Sala Pharmacy Coimbatore. No evidence was adduced regarding his income. The Tribunal fixed the notional income as Rs.2,500/-, deducted 1/3rd of his personal expenses and calculated compensation. Since the mother was aged 68 years, 8 was taken as the multiplier and compensation was calculated. We are of the opinion that no interference is needed in the calculation of compensation granted for loss of family contribution. Loss of an only son at the age of 22 cannot be estimated in terms of money. Rs.10,000/- was granted for pain and suffering and for loss of love and affection Rs.10,000/- was also granted. Rs.5,000/- was granted for loss of estate and funeral expenses. 2. Immediately after the accident he was taken to the hospital and he succumbed to the injuries on the same day. For funeral expenses and MACA 46/05 -2- transportation Rs.5,000/- can be granted and another Rs.10,000/- can be granted for loss of estate. The Tribunal granted Rs.5,000/- towards loss of estate and funeral expenses. 3. Hence, the appellant is entitled to an additional amount of Rs.10,000/- with 7.5 % interest per annum from the date of application till its deposit. Accordingly, the appeal is partly allowed. J.B. Koshy, Judge K. Hema, Judge mn.