IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 MACA.No. 660 of 2005(C) ---------------------- OPMV.538/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. BILSY, W/O. MICHAEL, ADACKAPARA HOUSE, KIZHAKKANMATTOM P.O., KAYYOOR KARA, BHARANANGANAM VILLAGE. 2. ROSMY, D/O. MICHAEL (MINOR) (DATE OF BIRTH 30-03-1993) REPRESENTED BY HER MOTHER AND NEXT FRIEND BILSY, THE 1ST PETITIONER. 3. PIUS, S/O. MICHAEL (MINOR), (DATE OF BIRTH 07-03-1998) REPRESENTED BY HIS MOTHER AND NEXT FRIEND BILSY, THE 1ST PETITIONER. 4. JOSEPH, S/O. JOSEPH, ADACKAPARA HOUSE, KIZHAKKANMATTOM P.O. 5. ROSAMMA, W/O. JOSEPH, ADACKAPARA HOUSE, KIZHAKKANMATTOM P.O. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.SUDHEESH.A. RESPONDENTS : RESPONDENTS: --------------------------- 1. SEBASTIAN, VADAKKEL HOUSE, PERUNILAM KARA, POONJAR P.O. 2. P.J. JOHN, PULLATTU HOUSE, PERUNILAM KARA, POONJAR P.O. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, PALAI. ADV. SRI.A.C.DEVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & N.K.BALAKRISHNAN, JJ. *********************** M.A.C.A No.660 of 2005-C ***************************** Dated this the 6th day of July, 2011 JUDGMENT BASANT, J. Claimants are the appellants. They are the widow, minor daughter, minor son and parents of the deceased, who was aged 34 years on the date of the accident, ie. 19.05.1999. Against the claim of Rs.6,00,000/-, the Tribunal awarded a total amount of Rs.3,39,300/- as per the details given below: i) Loss of dependency : Rs.3,12,800.00 (2,300 X 12 X 2/3 X 17) ii) Transport to hospital : Rs. 1,000.00 iii) Damage to clothing : Rs. 500.00 iv) Funeral expenses : Rs. 5,000.00 v) Pain and suffering : Rs. 10,000.00 vi) Loss of consortium : Rs. 10,000.00 ----------------------- Total : Rs.3,39,300.00 ========= 2. The claimants assail the quantum of compensation awarded. A contention is raised that the amount of Rs.2,300/- reckoned as monthly income is too inadequate. No better or tangible data is made available. The Tribunal had drawn the M.A.C.A No.660 of 2005-C 2 assumption of prudence on the basis of totality of facts that the deceased must have been earning an income of Rs.2,300/- per mensem. We are not satisfied that the multiplicand deserves to be enhanced on the basis of the materials available. The finding of the Tribunal on that aspect does not warrant interference. 3. The learned counsel for the appellants contends that no amount has been awarded under the head of loss of love and affection and loss of estate. The amount awarded under the head of loss of consortium is too meagre and inadequate, it is further contended. 4. We find merit in this contention. We are satisfied that the following further amounts can be awarded in addition to the amounts already awarded by the Tribunal. i) Loss of love and affection : Rs.15,000.00 (no amount awarded by the Tribunal) ii) Loss of consortium : Rs.5,000.00 (Rs.15,000.00 minus Rs.10,000.00) iii) Loss of estate : Rs.5,000.00 (global amount awarded) --------------------- Total : Rs.25,000.00 ========= M.A.C.A No.660 of 2005-C 3 5. In the result: a) This appeal is allowed in part; b) In addition to the amount already awarded by the Tribunal, the appellants are found entitled to a further amount of Rs.25,000.00 (Rupees Twenty five thousand only) as shown above; c) All other directions of the Tribunal are upheld. The entire amount shall carry interest as directed by the Tribunal. (R.BASANT, JUDGE) (N.K.BALAKRISHNAN, JUDGE) rtr/