IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 MACA.No. 764 of 2007() --------------------------------- (AGAINST THE AWARD DATED 11.10.2006 OF THE PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE IN OPMV NO.41 OF 2001) ...................... APPELLANT(S): PETITIONERS. ------------------------------------------- 1. ABDUL AZEEZ HAJI K., AGED 60 YEARS, S/O. MOHAMMED, KARIPPAL HOUSE, KAITHAPPOYIL POST, THAMARASSERY, KOZHIKODE. 2. K.KADEEJAKUTTY, AGED 48 YEAERS, W/O. ABDUL AZEEZ HAJI K., KARIPPAL HOUSE, KAITHAPPOYIL POST, THAMARASSERY, KOZHIKODE. 3. HUSSAIN C.K., AGED 36 YEARS, S/O. ALI, CHAKKALAKANDI HOUSE, MYLALLAMPARA POST, THAMARASSERY, KOZHIKODE. 4. FAMIDHA C.K., AGED 9 YEARS, D.O.B. 19/12/1996 (MINOR REPRESENTED BY FATHER AND GUARDIAN 3RD PETITIONER). BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS. ------------------------------------------------- 1. V.SUDHEER AHAMMED, S/O. ABDURAHIMAN, VALLANCHIRA HOUSE, KUTHUKKAL ROAD, PALAKULAM, MANJERI. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, MAJERI, JASEELA COMPLEX, MANJERI P.O. R1 BY ADV. SRI.P.BABU & ADV.SRI.RAJAN KUDUMBATHIL. R2 BY ADV.SRI.V.P.K.PANICKER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.764 of 2007-D ---------------------------------------------- Dated, this the 17th day of August, 2009 J U D G M E N T K.M.Joseph, J. Appellants are the claimants in a petition filed under Section 166 of the Motor Vehicles Act. They are the parents, husband and daughter of deceased Remla who died on 22.1.2000. We heard learned counsel for the appellants and learned counsel for the insurance company. The Tribunal has awarded a total sum of Rs.2,17,000/- The break up is given below. Loss of dependency Rs.2,04,000/- Funeral expenses Rs. 2,000/- Transportation charges Rs. 1,000/- Love and affection Rs. 10,000/- --------------- Total Rs.2,17,000/- -------------- 2. Learned counsel for the appellants would contend that the income taken and the amount awarded towards loss of dependency are on the lower side. The appellants have a case that the appellants are ready to produce evidence to show that the deceased was drawing an income of Rs.3,000/- per month. Having regard to the year of the accident we would think that we can fix the income at MACA 764/2007 -2- Rs.2,000/- per month. On this basis the appellants would be entitled to Rs.68,000/- more on the basis of the same multiplier adopted. We also feel that we can award Rs.10,000/- towards loss of consortium. Learned counsel then urges that only Rs.1,000/- is awarded towards transport and there was transport from Manjeri to Calicut and therefrom to native place. We award Rs.2,000/- more under this head. Thus, the appellants are entitled to Rs.80,000/- more. Accordingly, the appeal is allowed in part and the appellants are entitled to realise Rs.80,000/- more with interest at 7.5 percent from the date of petition till date of realisation from the second respondent. Appellants are also allowed to realise 7.5 percent interest on the amount already awarded from the date of the petition till date of realisation from the second respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS