IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 MACA.No. 405 of 2009() ---------------------- OPMV.818/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONERS: -------------------------- 1. THRESSIAMMA THOMAS, AGED 46, W/O.DECEASED THOMAS, MALIEKKAL HOUSE, PADHUVAPURAM P.O., THRISSUR DISTRICT. 2. SOUMYA, AGED 24, D/O.THOMAS, MALIEKKAL HOUSE, PADHUVAPURAM P.O., THRISSUR DIST. 3. SANTO, AGED 22, S/O.THOMAS, MALIEKKAL HOUSE, PADHUVAPURAM P.O., THRISSUR DIST. 4. MARY, AGED 79, W/O.OUSEPH, MALIEKKAL HOUSE, PADHUVAPURAM P.O., THRISSUR DIST. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENT(S)/RESPONDENTS: -------------------------- 1. THOMAS.C.U., CHIRACKAL AYROORKARAN HOUSE, EDAKUNNI, PADHUVAPURAM P.O., THRISSUR DIST. 2. JEES.C.T., S/O.THOMAS, CHIRAKKAL HOUSE, EDAKUNNI, PADHUVAPURAM P.O., THRISSUR DIST 3. THE MANAGER, NEW INDIA INSURANCE CO. LTD S.N.SHOPPING COMPLEX, ALUVA ROAD, ANGAMALY. BY // THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- M.A.C.A. NO.405 OF 2009 --------------------------------------------------------- Dated this the 20th day of February, 2009 JUDGMENT Basant, J. The claimants before the Tribunal are the appellants before us. They claimed an amount of Rs.5,00,000/- for the loss suffered by them on account of the death of the husband of the first appellant, son of the 4th appellant and father of appellants 2 and 3. The deceased was employed as a coolie and was aged 46 years at the time of his death. It was claimed that the deceased was earning Rs.3,000/- per month. He was in the hospital for two days and succumbed to the injuries thereafter. Before the Tribunal, Exts.A1 to A6 were produced. No other evidence was adduced by the appellants. 2. The Tribunal, on an anxious consideration of all the relevant inputs came to the conclusion that the appellants are entitled for a total compensation of Rs.2,67,500/- as per the details shown below along with interest at the rate of 7% per annum from the date of the petition and proportionate costs: M.A.C.A.NO.405/2009 2 i. Loss of dependency : Rs.2,08,000/- : (2000x12x2/3x13) ii. Pain and Suffering : Rs. 5,000/- iii. Funeral expenses : Rs. 3,000/- iv. Loss of consortium : Rs. 10,000/- v. Loss of love and affection : Rs. 10,000/- vi. Medical expenses (as per bills produced) : Rs. 31,500/- ------------------ Total : Rs.2,67,500/- ------------------ 3. The appellants claim to be aggrieved by the impugned award. Called upon to explain the nature of the challenge which the appellants want to mount against the impugned award, learned counsel for the appellants contends that the multiplicand adopted at Rs.2,000/- per mensem is grossly inadequate. Learned counsel also assails the amounts awarded as compensation under the heads pain and suffering, loss of consortium and loss of love and affection. It is in these circumstances it was prayed that the appeal may be admitted. 4. We have considered all the relevant aspects. The deceased was employed as a coolie. There is no tangible material to prove the precise M.A.C.A.NO.405/2009 3 income of the deceased. The Tribunal, in these circumstances, reckoned Rs.2,000/- as the monthly income of the deceased. We are of the opinion that the Tribunal has not committed any error in reckoning the monthly income of the deceased at Rs.2,000/- on the date of the accident, i.e. 16.5.2004. The amounts awarded under the heads pain and suffering, loss of consortium and loss of love and affection are also found by us to be fair, reasonable and just. Considering the totality of the circumstances, we are satisfied that the impugned award requires no appellate interference or modification. 5. The challenge fails and the appeal is dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ M.A.C.A.NO.405/2009 4 R. BASANT & C.T. RAVIKUMAR, JJ. M.A.C.A. NO.405/2009 JUDGMENT 20th February, 2009 M.A.C.A.NO.405/2009 5