IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 MACA.No. 272 of 2009() ---------------------- OPMV.2036/2000 of II ADDL. M.A.C.T., KOZHIKODE APPELLANT(S): PETITIONERS 1. SOMAN, S/O.KALLADI, MUNDANTAKATH HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, CALICUT. (HUSBAND OF THE DECEASED). 2. NISHA, D/O.SOMAN, MUNDANTAKATH HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, CALICUT. (DAUGHTER OF THE DECEASED). 3. NISHAD, S/O.SOMAN, MUNDANTAKATH HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, CALICUT. (SON OF THE DECEASED). 4. NIDHISH, S/O.SOMAN, MUNDANTAKATH HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, CALICUT. (SON OF THE DECEASED). 5. C.V.DEVU, D/O.ACHUTHAN, CHAMUNDIVALAPPIL HOUSE, P.O.KALLAI, PANNIYANKARA BEACH, PANNIYANKARA AMSOM DESOM, CALICUT. (MOTHER OF THE DECEASED). BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT(S): RESPONDENTS 1. M.K.VINURAJ, MAPPILAYANI HOUSE, V/133 - KOYARITHAZHAM, P.O.ERANHIPALAM, CALICUT. 2. JAYANARAYANAN, S/O.SREEDHARAN NAIR, AGED 26 YEARS, PUTHENVEEDU HOUSE, P.O.PUNPALA, VANDOOR, MALAPPURAM. 3. NATIONAL INSURANCE CO.LTD., DIVISION OFFICE 11, P.B.BUILDING, NEAR ARAYIDATHUPALAM, CALICUT. BY // THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- M.A.C.A. NO.272 OF 2009 --------------------------------------------------------- Dated this the 20th day of February, 2009 JUDGMENT Basant, J. The claimants before the Tribunal are the appellants before us. They claimed compensation for the death of the wife of the first appellant, mother of appellants 2 to 4 and daughter of appellant No.5 in a motor accident which took place on 28.6.2000. An amount of Rs.5,00,000/- was claimed as compensation. 2. The deceased was a woman in the age group of 40 - 45. It was claimed that she was employed as a fish vendor. No tangible evidence was produced to show such employment. She had suffered injuries and succumbed to the same on the next day. There was indication to show that she was admitted to the Medical College Hospital, Kozhikode before she breathed her last. Before the Tribunal Exts.A1 to A3 were marked. They are copy of the F.I.R., Family membership certificate and post mortem certificate respectively. The Tribunal awarded a total amount of Rs.2,73,000/- as compensation as per the details shown below: Transport to hospital :Rs. 1,000/- Funeral expenses :Rs. 2,000/- M..A.C.A. NO.272/2009 2 Pain and suffering :Rs. 15,000/- Loss of love and affection :Rs. 7,500/- Loss of consortium :Rs. 7,500/- Loss of dependency :Rs.2,40,000/- ------------------- Total :Rs.2,73,000/- ------------------- Accordingly, the Tribunal proceeded to pass the impugned award directing payment of an amount of Rs.2,73,000/- with interest at the rate of 7% per annum from the date of the petition. 3. The appellants claim to be aggrieved by the impugned award. Called upon to explain the precise nature of the challenge which the appellants want to mount against the impugned award, learned counsel for the appellants submits that the Tribunal has not awarded amounts reasonably under the heads loss of love and affection and loss of consortium. It is further contended by the learned counsel that no amount whatsoever is awarded under the head medical expenses. 4. We have considered these contentions. We take note of the fact that even in the absence of better evidence, the Tribunal made the assumption of the notional income and adopted the correct multiplier applicable under the second schedule to the Motor Vehicles Act to M..A.C.A. NO.272/2009 3 compute the monthly income of the deceased. We are not satisfied that the amounts under the heads loss of love and affection and loss of consortium warrant any appellate interference. An any rate, we are not satisfied that any gross error has been committed, on the basis of the materials available, in computing the compensation for loss of love and affection and loss of consortium. Though the post mortem certificate shows that the deceased was admitted in the Medical College Hospital, Kozhikode, no materials whatsoever has been produced to indicate that any expenditure for treatment was incurred. It also does not indicate that any serious medical procedure was done. 5. We are, in the circumstances, satisfied that the amount of compensation awarded by the Tribunal cannot be said to be not reasonable, fair and just as to warrant appellate interference. The challenge fails. The appeal is accordingly dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ M..A.C.A. NO.272/2009 4 R. BASANT & C.T. RAVIKUMAR, JJ. M.A.C.A. NO.272/2009 JUDGMENT 20th February, 2009 M..A.C.A. NO.272/2009 5