IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 MACA.No. 270 of 2009() -------------------------------- OPMV.1763/2004 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S): 3RD RESPONDENT IN THE OP ------------------------ THE ORIENTAL INSURANCE CO.LTD, KOTTAYAM, REP; BY THE AUTHORIZED SIGNATORY, THE ORIENTAL INSURANCE CO.LTD,REGIONAL OFFICE, METRO PALACE, ERNAKULAM NORTH, KOCHI-18. BY ADV.MR.A.R.GEORGE RESPONDENT(S): CLAIMANTS & RESPONDENTS 1 & 2 IN THE OP ---------------------------- 1. ANNAMMA THOMAS, W/O.THOMAS, KOCHUPARAMBIL HOUSE, PERUMPANACHI.P.O, CHANGANACHERRY. 2. JOSEP THOMAS,S/O.K.C.THOMAS, -DO- -DO- 3. LIZAMMA THOMAS, D/O.K.C.THOMAS, -DO- -DO- 4. MINI THOMAS, D/O.K.C.THOMAS, -DO- -DO- 5. SABU THOMAS, S/O.KC THOMAS, -DO- -DO- 6. MOLLY,CHOONDAMALA HOUSE, AMMANCHERRY, ARPOOKARA VILLAGE, KOTAYAM. 7. REJIKUMAR,S/O.SREEDHARAN, CHANDISSERY HOUSE,KISHAKKUMUTHOOR,NATTUKADAVU BHAGOM, KUTTIPUZHA VILLAGE. R1 TO R5 BY ADV. SRI.RAJEEV V.KURUP THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVEREDTHE FOLLOWING: ORDER ON IA. NO.325/2009 IN MACA. NO.270/2009 DISMISSED 13.10.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 270 OF 2009 = = = = = = = = = = = = = = = Dated this the 13th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1763/04. The claimants are the legal representatives of one K.C.Thomas who sustained injuries in a road accident and later died on 31.3.02. The tribunal found that there is no evidence to establish that the death had occurred due to the injuries sustained in the accident. But awarded a compensation of Rs.60,000/- and it is against that quantum the present appeal is preferred. 2. I had perused the award as well as heard the learned counsel for the appellant in detail. A perusal of the award would reveal the claimant sustained a lacerated wound on the eye-brow which turned out to be a head injury and he had fracture on the femur as well as on lower end of the right ulna. He survived till 31.3.2002, i.e. almost for six months after the date of the accident. Therefore the M.A.C.A. 270 OF 2009 -:2:- compensation has to be fixed on that line and I find the Tribunal has been very liberal which requires some restriction. Therefore I recalculate the compensation as follows. 3. He was not able to do any work for a continuous period of six months and therefore I grant Rs.12,000/- towards loss of earnings. An amount of Rs.1,000/- is awarded towards transport expenses, Rs.500/- each towards damage of clothing and extra nutritious food. An amount of Rs.5,000/- is awarded towards treatment expenses and for pain and sufferings Rs.15,000/- is granted. Since the claimant had only lived for a period of six months after the date of accident and as the entire loss of earnings is granted to him one cannot further award any amount for loss of earnings capacity as he died and therefore it is sufficient a consolidated amount is given for permanent disability and loss of amenities together which I fix it at Rs.8,000/- even in the absence of any document. Therefore the total compensation the claimant is entitled to even if it is calculated in a most liberal manner would be Rs.42,000/-. M.A.C.A. 270 OF 2009 -:3:- In the result the MACA is partly allowed and the award of the Tribunal is modified and the claimants are awarded a total compensation of Rs.42,000/- with 7% interest on the said sum from the date of petition till realisation with a cost of Rs.1,500/- and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment and the apportionment of distribution shall be done by the Tribunal. M.N. KRISHNAN, JUDGE. ul/-