IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 2786 of 2008() ----------------------- OPMV.703/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONERS: -------------- 1. MARY, W/O.JOSE, AGED 52 YEARS 2. GRACY, W/O.LATE MICHAEL.P.JOHN, AGED 42 YEARS. 3. JAIZ MICHAEL, AGED 19 YEARS, D.O.B.19.5.1989, S/O.LATE LATE MICHAEL P.JOHN. 4. JILLS MICHAEL (MINOR) AGED 16 YEARS, D.O.B.11.2.1992, S/O.LATE MICHAEL P.JOHN. MINOR REP. BY THEIR MOTHER & LEGAL GUARDIAN GRACY. ALL ARE RESIDING AT MALISSERY HOUSE, KENIVAYAL P.O. GOVINDAPURAM, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS: --------------- 1. AJITHA, P.M., D/O.CHANDRAN, AGE NOT KNOWN, RESIDING AT 3/206, PUTHIYAPURAYIL HOUSE, CHERUKALLAI P.O., NEW MAHE, MAHE, PONDICHERRY. 2. NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.2786 of 2008 -------------------------------------- Dated this the 25th day of November, 2008. JUDGMENT Koshy, J. Heard counsel for the appellants and Government Pleader. 2. Appellants claimed a total sum of Rs. 2 lakhs towards compensation for the death of mother of first appellant, mother-in-law of second appellant and grandmother of appellants 3 and 4. They are the legal heirs of late Brijitha, W/o.late John. Smt.Brijitha died in a motor accident on 7.1.2006 at the age of 76 years. She was a non-earning member. Her children were married. First appellant is her daughter. She was aged 50 years at the time of filing the application. Second appellant is daughter-in-law of Smt.Brijitha. She was aged 40 years at the time of filing the application and appellants 3 and 4 are the children of Smt.Brijitha's pre-deceased son and second appellant. A clerical mistake has crept in the award. Award was passed as if one Jose died. Jose is the husband of the first appellant. Award proceeded as if a 76 year old man died. Actually it is a 76 year old lady who died in the accident. She was not an earning person. None of the claimants were her dependents. In fact she was depending on them. However, minimum dependency compensation of Rs.50,000/- was awarded. For funeral expenses, pain and suffering and MACA No.2786/2008 2 transportation a total amount of Rs.8,000/- was also awarded. Total amount of compensation calculated was Rs.58,000/-. In the facts of the case, we correct the mistake in the award, but no interference is required in the amount awarded. Appeal is disposed of as above. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks