IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 MACA.No. 229 of 2003(C) ---------------------------------- (AGAINST THE AWARD DATED 12.12.2000 IN OPMV.1829/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S):PETITIONERS IN O.P. ---------------------------------------------------- 1. INDIRA, AGED 38 YEARS, W/O.LATE PARAMESHWARAN, PULAKAVIL VEETTIL, S.PARUR, MANAKUNNAM VILLAGE. 2. SUMESH, AGED 19 YEARS, S/O.LATE PARAMESHWARAN, -DO- -DO- 3. SABITHA, AGED 24 YEARS, D/O.LATE PARAMESHWARAN, -DO- -DO- 4. SMT.PARU, W/O.VELU, AGED 75 YEARS, PULAKAVIL VEETTIL, -DO- -DO- BY ADV. SRI.AGINOV MATHAPPAN RESPONDENT(S): RESPONDENTS IN O.P: ----------------------------------------------------------- 1. P.RAJENDRAN, S/O.PERUMAL KOWNDER, SEMANNOOR DESOM, ARANAOOR P.O., METTOOR TALUK, SALEM (DISTRICT), TAMILNADU. 2. T.NALLATHAMPI, SHANMUGHAPURAM, SENGODAM PALAYAM, TIRUCHENGODU-637211. 3. M/S.NATIONAL INSURANCE CO.LIMITED, BRANCH OFFICE 81-D, CHETTY ST., THIRUCHENGODU-637211. ADV. SRI.E.M.JOSEPH FOR R3 SC FOR NATIONAL INSURANCE CO. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.229 of 2003-C ---------------------------------------------- Dated, this the 24th day of June, 2009 J U D G M E N T Joseph, J. Appellants are the claimants in a petition filed under Section 166 of the Motor Vehicles Act. The appellants being dissatisfied with the award passed by the Tribunal have filed this appeal. 2. We heard the learned counsel for the appellants and the learned counsel for the Insurance Company. Since the insurance cover is admitted there is no need to issue notice to respondents 1 and 2. 3. Learned counsel for the appellants would submit that no amount is awarded towards pain and suffering and no amount is awarded towards love and affection as such. The learned counsel for the Insurance Company points out that actually Rs.5,000/- is awarded to the petitioners towards love and affection. He also points out that Rs.15,000/- has been granted towards loss of consortium and Rs.5,000/- has MACA No.229/2003 -2- been granted towards mental agony. 4. Having heard the learned counsel appearing for the parties we feel that some enhancement is warranted. We notice that the children were aged 11 and 8. We feel that the amount of Rs.5,000/- awarded towards loss of love and affection is low. Accordingly we feel that appellants are entitled for Rs.10,000/- (Rupees ten thousand only) more on the said ground. Since the appellants are already awarded Rs.5,000/- towards mental agony their claim towards pain and suffering is rejected. Accordingly, the appeal is partly allowed and the appellants are allowed to realise Rs.10,000/- more with interest at 7.5 per cent from the date of the petition till the date of realisation from the third respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS