IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 MFA.No. 45 of 2003() -------------------- OPMV.1415/1996 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: 3RD RESPONDE4NT -------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18 BY ADV. SRI.MATHEWS JACOB RESPONDENTS: PETITIONER ----------------------- 1. YASODA D/O. LATE KUNJIRAMAN, KAIPRATHU HOUSE, MULAPPILANGAD P.O., THALASSERY. 2. RAJAN S/O. LATE KUNJIRAMAN, DO.DO. 3. RAVEENDRAN S/O. LATE KUNJIRAMAN, DO.DO. 4. CHANDRIKA, D/O. LATE KUNJIRAMAN, DO.DO. 5. PRASANNA D/O. LATE KUNJIRAMAN, DO.DO. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.NITHYA.K. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.45 of 2003 ----------------------------------------- Dated this the 4th day of March, 2008 JUDGMENT Koshy, J. For the death of son, one Madhavi, aged 75, filed application for compensation, contending that fatal injuries were sustained by her son due to the negligence of the driver of the vehicle insured by the third respondent Insurance Company. According to her, he was employed as Inspector of Post Offices. The certificate produced shows that his monthly salary was Rs.5,151/-. The total amount of compensation claimed was Rs.3,42,750/-. The Tribunal awarded Rs.3,30,500/-. 2. The Insurance Company filed this appeal contending that the quantum of compensation awarded is highly illegal. Even though the Tribunal treated the claim under Section 163A, we note that the application was filed under Sections 163A and 166. Since the deceased was getting more than Rs.4,000/-, application under Section 163A will not lie and the same has to be dismissed. Here application was correctly treated under Section 166. As per the salary certificate produced, his monthly income was Rs.5,151/-. The M.F.A.45/03 2 application was filed by the mother, who was 75 year old. Only age of the claimant can be looked into. We note that mother also died and subsequently her legal representatives were impleaded, who were not actually dependents, who are not entitled to family contribution from the deceased. After deducting one-third of the income of deceased, family contribution can be fixed as Rs.3,400/- per month. Therefore, compensation payable will be: 3,400 x 12 x 5 = Rs.2,04,000/-. The Tribunal fixed Rs.3,20,000/-. Therefore, an amount of Rs.1,16,000/- has to be deducted. The Tribunal has granted an amount of Rs.5,000/- for pain and suffering. He died after seven days in the hospital. Therefore, the petitioners ought to have been granted Rs.10,000/- for pain and suffering. No amount was awarded for transportation expenses. He was taken from the place of accident to the hospital and from the hospital his body was taken to his house by special transport. In the absence of production of bills, only Rs.1,000/- was awarded for medical expenses. We award Rs.5,000/- more for treatment and transportation expenses. We are not interfering with the compensation granted for funeral expenses (Rs.2,000/-) and loss of estate. Therefore, total compensation payable will be Rs.2,24,500/-, instead of Rs.3,30,500/-, with interest at the rate awarded by the Tribunal from the date of application till M.F.A.45/03 3 the date of deposit and respondent shall deposit the same after deducting the amount already deposited. The appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. M.F.A.45/03 4 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 45 of 2003 ------------------------------ JUDGMENT 4.3.2008