IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 MACA.No. 2031 of 2005() ----------------------- OPMV.1045/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- 1. M. ASHRAF, S/O. MOHAMMED @ PAPPY, KADAKALTHIL HOUSE, MATTARAKKAL P.O. 2. M. AYAMUTTY (FATHER OF DECEASED NUSAIMATH), RESIDING AT -DO- -DO-. 3. NAUFAL, S/O. AYAMUTTY, KADAKALATHIL HOUSE, MATTARAKKAL P.O. 4. AFSATH, MINOR, D/O. A. AYAMUTTY, KADAKALATHIL HOUSE, MATTARAKKAL P.O. 5. RISANA, 2 YEARS, MINOR, D/O. A. AYAMUTTY, KADAKALATHIL HOUSE, MATTARAKKAL P.O. BY ADV. SMT.BINDU SREEKUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. KALATHINGAL ANIL ANTONY, S/O. ANTONY (DRIVER), MATTARAKKAL P.O. 2. P.K. KUNHIPOCKER, S/O. RAYAN, PALAPPURA, KOLLOTH HOUSE, PANG P.O. 3. UNITED INDIA INSURANCE CO. LTD., PERINTHALMANNA. ADV. SRI.C.M.KAMMAPPU FOR R1 SRI.J.MATHAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` M.A.C.A. No. 2031 OF 2005 ```````````````````````````````````````````````````` Dated this the 22nd day of June, 2009 J U D G M E N T Joseph, J. Appellants are the claimants in a petition filed under section 166 of the Motor Vehicles Act. The appellants are aggrieved by the inadequacy of the quantum of compensation awarded. 2. We heard learned counsel for the appellants as also learned counsel appearing for the Insurance company. 3. Learned counsel for the appellants submits that as against the claim for Rs.4 lakhs, only a sum of Rs.85,000/- stands awarded. The appellants are husband, father, brother and sisters of the deceased Nusaimath, who died in a motor vehicle accident. The appellants had a claim for Rs.20,000/- for treatment and medicines but no amount has been granted. The appellants have produced Ext.A36 series medical bills. 4. We feel that the appellants can be awarded Rs.7,000/- towards medical expenses. We further notice that there was MACA.2031/05 : 2 : clearly loss of consortium but no amount has been granted. We award Rs.10,000/- towards loss of consortium. Towards loss of clothing, Rs.1,000/- is granted. Accordingly, the appeal is allowed in part and the appellants are allowed to realise Rs.18,000/- more with 7.5% interest from the date of the petition till the date of realisation. The enhanced compensation should be shared in the same ratio as indicated in the trial court judgment. (K.M.JOSEPH, JUDGE) (M.L. JOSEPH FRANCIS, JUDGE) aks