IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 MACA.No. 1052 of 2007(D) ----------------------- OPMV.2225/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- 1. SULOCHANA, W/O. GOPALAN, AGED 36 YEARS, RESIDING AT KOLLAMTHODI, "SUKRUTHAM", POOCHERIKUNNU, MANNUR POST, KOZHIKODE 2. LEELA, W/O. KRISHNAN, AGED 36 YEARS, -DO- -DO-. 3. VANAJA, W/O. PRADEEPKUMAR, AGED 34 YEARS, -DO-. 4. RAJI, W/O. (LATE) PADMANABHAN, AGED 32 YEARS, -DO-. 5. GANESHAN, S/O. (LATE) PADMANABHAN, AGED 30 YEARS, -DO-. 6. SARASWATHI, D/O. (LATE) PADMANABHAN, AGED 28 YEARS, -DO-. BY ADV. SRI.A.V.M..SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV); ------------------------------------- 1. BABU U., S/O. PADMANABHAN, RESIDING AT PULIKKAL HOUSE, P.O. MANOOR, KOZHIKODE. (OWNER OF EH MINI LORRY NO.KL-11/ K-5076). 2. NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE,NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. (OWNER OF EH MINI LORRY NO.KL-11/K-5076). BY ADV. SMT.SARAH SALVY FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 1052 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th Day of August, 2009. JUDGMENT K. M. Joseph J. The appellants are the son and daughters of the deceased. The appeal is filed against the inadequacy of quantum. 2. We heard the learned counsel for the appellants and the learned counsel for the second respondent, Insurance Company. 3. The Tribunal has awarded Rs.60,000/-, break-up of which is as shown below:- Loss of dependency : 50,000/- Funeral expenses : 2,000/- Transportation charges : 1,000/- Medical treatment : 2,000/- Pain and suffering : 5,000/- ------------- 60,000/- = = = = = = 4. The learned counsel for the appellants contented that no M.A.C.A . NO: 1052 OF 2007 :2: amount was awarded towards loss of love and affection. Still further he pointed out that the amount of dependency awarded is on the lower side. The Tribunal has taken only Rs.1,250/- as notional income. After deducting 1/3rd and applying a multiplier of 5, the Tribunal has awarded an amount of Rs.50,000/- as loss of dependency. 5. The learned counsel for the appellant is justified in contending that the Tribunal ought to have awarded compensation towards loss of love and affection. It is pointed out that one of the daughters of the deceased is not married. On considering these facts, we feel that the appellants can be awarded Rs.10,000/- towards loss of love and affection. The Tribunal has taken Rs.1,250/- as income. The accident took place in the year 2002. We are inclined to fix the income of the deceased as Rs.1,500/- per month. O the basis of same multiplier and after deducting 1/3rd, we find the appellant is entitled to for Rs.10,000/- more. Thus the appellants is entitled to an amount of Rs.20,000/- more. M.A.C.A . NO: 1052 OF 2007 :3: Accordingly this appeal is allowed and the appellants are allowed to realise an amount of Rs.20,000/- more along with interest at 7.5% from the date of petition till the date of realisation, from the second respondent. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/