IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 MACA.No. 1189 of 2005 ------------------------------------- OPMV.267/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANTS / PETITIONER IN O.P.(MV): --------------------------------------------------------------- 1. GOWRI AMMA, W/O. LATE NEELAKANTAN, AGED 68 YEARS, EDAYATTIL HOUSE, AMBALAMEDU P.O., PUTHENCURUZ VILLAGE, KUNNATHUNADU TALUK. 2. JANARDANAN, S/O. LATE NEELAKANTAN, AGED 42 YEARS, EDAYATTIL HOUSE, AMBALAMEDU P.O., PUTHENCURUZ VILLAGE, KUNNATHUNADU TALUK. 3. HARIKUMAR, S/O. LATE NEELAKANTAN, AGED 38 YEARS, EDAYATTIL HOUSE, AMBALAMEDU P.O., PUTHENCURZ VILLAGE, KUNNATHUNADU TALUK. BY ADV. SMT.S.K.DEVI SRI.M.RAJ MOHAN RESPONDENTS/RESPONDENTS IN PETITION: ------------------------------------------------------------------------- 1. SIDDIKH, S/O. ISMAIL, AGED 29 YEARS, KANJIRATHIPPARAMBU HOUSE, MUPPATHADAM KARA, KADUNGALLOOR VILLAGE, N. PARAVUR TALUK. 2. JOHN V. VITHAYATHIL, 33/2173, AVILA HOUSE, P.O.C.LATE, VENNALA P.O., ERNAKULAM DISTRICT. 3. NATIONAL INSURANCE COMPANY LTD., ALUVA DIVISIONAL OFFICE, URUMBATH BUILDINGS, PUMP JUNCTION, ALUVA. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1189 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August 2010 JUDGMENT Basheer, J. The mother and brothers of deceased victim of a motor accident have filed this appeal challenging the inadequacy of the amount of compensation awarded to them by the Motor Accidents Claims Tribunal. After considering the documentary evidence available on record, the Tribunal held that the appellants would be entitled to get a sum of Rs.1,12,300 with 9% interest from the date of application till the date of realisation. Respondent No.3, insurance company, was directed to indemnify the owner of the vehicle involved in the accident. 2. It is not in dispute that the deceased was aged 23 years at the time of the accident and he was a driver by profession. The Tribunal has taken the monthly income of the deceased as Rs.1,800/-, though it was contended by the appellants that the deceased was earning Rs.4,500/- per mensem. 3. Having regard to the entire facts and circumstances, we are of the view that it will be just and proper if the monthly income of the deceased is taken as Rs.2,500/-. After deducting 1/3rd from the annual income so reckoned and applying a multiplier of 5 as adopted by the Tribunal, the compensation payable under the head of loss of dependency will come to Rs.1,00,000/-. The Tribunal has awarded Rs.10,000/- for loss of love and affection. This is too inadequate in our view. Therefore, a further sum of Rs.5,000/- is awarded under this head. Similarly, for pain and suffering the Tribunal has awarded only Rs.5,000/-. This M.A.C.A.No.1189 OF 2005 :: 2 :: has to be enhanced to Rs.10,000. We do so. The appellants shall not be entitled to get any enhancement for the amounts awarded under the other heads. The enhanced amount of Rs.38,000/- (Rupees thirty eight thousand) shall also carry interest at the rate of 9% payable from the date of petition till the date of realisation. The amount shall be deposited by the insurance company within two months from the date of receipt of a copy of this judgment. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes