IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 MACA.No. 1211 of 2007() ----------------------- OPMV.1498/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. K.K.SAID MURTHALA THANGAL, AGED 54 YEARS S/O MULLAKKOYA THANGAL, SILOOK LINE, P.O.PUTHUR, PALLIKKAL(VIA), THENJIPALAM, MALAPPURAM DIST. 2. A.SUHRA BEEVI, AGED 45 YEARS, W/O K.K.SAID MURTHALA THANGAL DO. DO. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ----------------------------- THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, MANJERI. ADV. SRI.P.JAYASANKAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.6.2009 , THE COURT ON 19/06/2009 PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` M.A.C.A. No. 1211 OF 2007 A ```````````````````````````````````````````````````` Dated this the 19th day of June, 2009 J U D G M E N T Joseph, J. Appellants are the father and mother of a person who died in a motor vehicle accident. They filed a petition under section 166 of the Motor Vehicles Act. The Tribunal has awarded Rs.2,00,500/-. The total claim was Rs.5 lakhs but the appellants limited the claim to Rs.2,50,000/-. Of the same, Rs.2,00,500/- already has been granted. 2. We heard learned counsel for the appellants as also learned counsel appearing for the Insurance Company. 3. Learned counsel for the appellants points out that the deceased was doing his second year B.Sc. course. The notional income is taken as Rs.1,500/- and therefrom one third is deducted, it is pointed out. The income should have been fixed at a higher level. He further contends that the amount awarded towards pain and suffering is only Rs.5,000/- and towards loss of love and affection the amount awarded is Rs.10,000-. Learned counsel for the Insurance company would support the award and MACA.1211/07 : 2 : points out that the compensation awarded is correct. 4. The appellants are the parents. As a matter of fact, going by the decision of the Apex court in such a case, the deduction towards personal expenses should have been at the rate of ½ . Here it is deducted only by one third. We also would see no reason to further increase the notional income fixed. There is no reason to increase the amount towards pain and suffering and loss of love and affection. On the whole, we feel that the amount awarded is just and proper. But, learned counsel for the appellants is correct in contending that the Tribunal should have awarded the interest at the rate of 7.5% instead of 6%. Accordingly, while rejecting all the other contentions, the appeal is partly allowed and the appellants are allowed to realise the amount awarded by the Tribunal with interest at 7.5% instead of 6% from the date of the petition till the date of realisation. Sd/- (K.M.JOSEPH, JUDGE) Sd/- (M.L. JOSEPH FRANCIS, JUDGE) aks // True Copy // P.A. to Judge