IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 504 of 2003() ---------------------- OPMV.716/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANTS. ---------------------------- 1. SHEELA, W/O.LATE SRI.TONY, EDAKKATTUKUDIYIL HOUSE, VARAPPETTY KARA, VARAPEETY VILLAGE. 2. AMEL DEV TONY, S/O.LATE SRI.TONY, EDAKKATTUKUDYIL HOUSE, VARAPPETTY KARA, VARAPEETY VILLAGE. 3. BALURAJ TONY, S/O.LATE SRI.TONY, EDAKKAT TUKUDYIYIL HOUSE, VARAPPETTY KARA, VARAPPETTY VILLAGE. 4. ANNA TONY @ CHINNU, D/O.LATE SRI.TONY, AGED 12 YEARS, (MINOR), REP BY HER MOTHER AND LEGAL GUARDIAN SHEELA, THE IST APPELLANT. 5. E.J.VARKEY, S/O.JOSEPH, EDAKKATTU KUDIYIL HOUSE, VARAPPETTY KARA, VARAPPETTY VILLAGE. 6. ANNAKUTTY, W/O.VARKEY, EDAKKATTUKDUYIL HOUSE, VARAPPETTY KARA, VARAPETTY VILLAGE. BY ADV. SRI.PHILIP J.VETTICKATTU SMT.ANNIE PAUL RESPONDENTS: ------------- 1. BASHEER, KOCHUKUNNAUMPURATH, S.PETTA, MUVATUPUZHA. 2. ALIYAR, S/O.SAYED, ARACKAL HOUSE, THALACODE, NERIAMANGALAM VILLAGE. 3. ABRAHAM., S/O.VARGHESE, CHALIL HOUSE, MANIAMRUTHUMCHAL, NERIAMANGALAM. 2 4. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, MARKET P.O., MUVATTUPUZHA. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008 ALONG WITH MACA NOS. 551 & 618/2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. ------------------------------------------------- M.A.C.A. Nos. 504,551 & 618 OF 2003 -------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Ramachandran Nair,J. These connected cases arise from the common Award passed by the Motor Accidents Claims Tribunal whereunder claimants were compensated for the death of one person and injury of the remaining passengers of the car which was involved in the accident. For the death of husband of the first appellant in M.A.C.A.No. 504 of 2003 in the accident the Tribunal has granted a compensation of Rs. 16,88,500/-. For the first appellant herself, who sustained injury mainly on the left arm, the Tribunal has awarded compensation of Rs. 50,600/-. So far as the compensation awarded to children of the first appellant is concerned, parties have accepted the same and there is no appeal against the same. While the appeal , M.A.C.A.No. 618 of 2003, filed by the insurance company is for reduction of compensation, the appeals, MACA Nos. 504 & 551 of 2003, filed by the claimants are for enhancement of compensation. Even though there is evidence to prove that deceased was engaged in business, no concrete evidence was 2 produced for substantiating the actual income that he was earning. Therefore the case of the insurance company is that compensation awarded by fixing the monthly income of the deceased at Rs. 13,500/- is high. On the other hand, the claimants case is that there is enough material to prove that the deceased was partner of different partnership firms and his expenditure itself shows the extent of income earned by him and consequently the income fixed for the purpose of award of compensation is low. We feel available evidence was not produced in the case because if deceased was earning income from different partnership firms, then obviously he would have been assessee under the Income-tax Act and at least one assessment order or copy of return could have been produced. Similarly, since the firms in which deceased was a partner were engaged in trade, at least details of turnover, statement of accounts and sharing of income by the partners could have been produced. No such specific details were furnished by the claimants. However, we do not think we should reduce the income fixed by the Tribunal for the purpose of increasing or reducing compensation because it was only an estimate and we do not think we should substitute our estimate for that of the Tribunal without any fresh material. Accordingly we dismiss the appeals, M.A.C.A.No. 618 and 3 504 of 2003. 2. So far as M.A.C.A.No. 551 of 2003 is concerned, enhancement is sought for the compansation awarded to the wife of the deceased who sustained injury on the left arm. The appellant was not an earning member and was only a house wife. As against the claim of Rs. 1.5 lakhs, the Tribunal has awarded compensation of Rs. 50,600/- covering entire medical expenses and compensation for pain and suffering and for loss of enjoyment in life. Besides the compensation awarded to the appellant in M.A.C.A.No. 551 of 2003, separate awards are passed for the appellant's children, who also sustained injury. Such awards have been accepted by the appellant and awardees. We do not find any justification to increase the compensation in this case also because the total compensation awarded to the family for the loss of earning member of the family and injury sustained by the wife and children of the deceased is fair and reasonable. We dismiss this appeal also. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 4