IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 MACA.No. 1327 of 2006() ---------------------------------- OPMV.1018/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONERS: ------------------------------------------- 1. JESSY PAUL, W/O.DECEASED PAUL, C/O.A.K.GEORGE, ANCHERY HOUSE, GAYATHRI AVENUE ROAD, THANKAMANI JN., KOORKANCHERY THRISSUR. 2. MINOR BRITTO PAUL, S/O.PAUL, REP. BY MOTHER, C/O.A.K.GEORGE, ANCHERY HOUSE, KOORKANCHERY, THRISSUR. 3. MINOR CHRISTO PAUL, S/O.PAUL, REP. BY MOTHER, C/O.A.K.GEORGE, ANCHERY HOUSE, KOORKANCHERRY, TRICHUR. 4. LONAPPAN K.K., 85 YEARS, KODUMBILAYIPARAMBIL HOUSE, NANDIPULAM, VARANDARAPPILLY. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS: -------------------------------------------------- 1. T.S.AJAYAN, S/O.SANKARAN, THEKKATHIL HOUSE, PEECHI, THRISSUR. (DELETED) 2. VIJAYAN K.P., KARUMANPARAMBIL HOUSE, PUZHAKKAL P.O., MUTHUVARA, THRICHUR. 3. NATIONAL INSURANCE CO.LTD., THRISSUR BRANCH OFFICE, AMBIKA ARCADE, M.G.ROAD, THRICHUR. (Name of Ist respondent is deleted from the party array at the risk of the appellants as per order dated 26.3.2007 in I.A.No.633/2007) r3 by ADV. SRI.JOE KALLIATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.1327 of 2006 ---------------------------------------------- Dated, this the 19th day of August, 2009 J U D G M E N T K.M.Joseph, J. Appellants are the legal heirs of the deceased Paul. 2. We heard the learned counsel for the appellants and learned counsel for the insurance company. Learned counsel for the appellants would point out that the deceased was a commission agent and he was earning Rs.10,000/- per month. He submits that Rs.10,000/- alone is granted towards compensation for loss of love and affection and Rs.25,000/- alone is granted towards pain and suffering. 3. Learned counsel for the insurance company supported the award. 4. The question to be considered is what is the income of the deceased. The deceased was a commission agent. According to the appellants they have produced A8 certificate. The Tribunal notes that apart from examining the Ist appellant the widow no other evidence is there in support of the claim of Rs.10,000/-. But, we note that the accident MACA 1327/2006 -2- took place in 2001 and going by the vocation of the deceased while there may be possibility of variation in income we can fix the income at Rs.2,800/- per month. On that basis the appellants would be entitled to Rs.1,02,400/- more. We are not inclined to accept the contention based on higher compensation claimed for pain and suffering and loss of love and affection. We feel that amount awarded are adequate. But, the appellants are justified in contending that the interest should have been awarded at 7.5 percent on the amount awarded. Accordingly, the appeal is allowed in part and the appellants are allowed to realise Rs.1,02,400/- more with interest at 7.5 percent from the date of petition till the date of realisation from the 3rd respondent. The appellants are also allowed to realise interest at 7.5 percent on the amount already awarded from the date of petition till the date of realisation from the 3rd respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS