IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 MFA.No. 506 of 2003() --------------------- OPMV.191/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONERS ---------------------- 1. MOHAMMED FAROOK, S/O.USMAN, RESIDING AT POKKAILLATH HOUSE, P.O.THALIKULAM. 2. MOHAMMED KABEER, S/O.BAPPU, RESIDING AT VALIYAKATH HOUSE, P.O.ENGANDIYOOR. 3. NAFEESA, W/O.MOHAMMED KABEER, R/AT VALIYAKATH HOUSE, P.O.ENGANDIYOOR. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.PRINCE.K.ELIAS SRI.R.RAJA RAJA VARMA SMT.M.R.VALSA RESPONDENTS: RESPONDENTS ------------------------ 1. NALINI, W/O.T.M.GIRI, RESIDING AT SREE NARAYANA THATTIL HOUSE, P.O.NATTIKA. 2. UNNIKRISHNAN, S/O.DEVAKY AMMA, RESIDING AT VELUTHEDATH HOUSE, . P.O.PAZHUVIL. 3. THE NATIONAL INSURANCE COMPANY LIMITED, THRISSUR. 4. JOSE NELLISSERY, S/O.JOSE, RESIDING AT NELLISSERY HOUSE, P.O.PULLAZHI, THRISSUR. 5. K.G.JOHNY, S/O.GEORGE KUNNATHUMKARA VEEDU, OLARI, P.O.PULLAZHI. 6. THE UNITED INDIA INSURANCE COMPANY LIMITED, THRISSUR. 7. M.M.KHALIDH, RESIDING AT MUKRIYATH HOUSE, EDASSERY, THALIKULAM. 8. NEW INDIA ASSURANCE COMPANY LIMITED, IRINJALAKUDA BRANCH. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.506 of 2003 ----------------------------------------- Dated this the 4th day of April, 2008 JUDGMENT Koshy, J. A 21 year old woman died in a motor accident on 2.9.1993. Her husband and parents applied for compensation. The Tribunal found that accident occurred due to the negligence of the drivers of the buses insured by the 3rd and 8th respondents. After awarding compensation, respondents 3 and 8 are directed to deposit the award amount in equal proportion. But compensation awarded was only Rs.1,06,000/-. Only quantum of compensation is disputed in this appeal. The Tribunal has taken RS.6,000/- as family contribution and calculated the compensation. We have to take practical aspect while awarding compensation. Since she was a married lady, after marriage the father and mother may not get family contribution from her. Husband remarried and there is no issue in the marriage with deceased. Therefore, we are opinion that no enhancement is to be granted. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. 2 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 506 of 2003 ------------------------------ JUDGMENT 4.4.2008