IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 MACA.No. 1179 of 2005() ----------------------------------- MVOP.1197/1994 of MACT, IRINJALAKUDA .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. SUGATHAN, S/O. KRISHNANKUTTY, THARAYIL HOUSE, IRINJALAKUDA. 2. SUBHAN, S/O. KRISHNANKUTTY, THARAYIL HOUSE, IRINJALAKUDA. 3. GOPINDRA BABU, S/O.KRISHNANKUTTY, THARAYIL HOUSE, IRINJALAKUDA. 4. SUMANGALA, D/O. KRISHNANKUTTY, IRINJALAKUDA. 5. RAJI, W/O. ASOKAN, THARAYIL HOUSE, IRINJALAKUDA. 6. SANTHOSH, S/O. ASOKAN, THARAYIL HOUSE, IRINJALAKUDA. 7. VINOD KUMAR, THARAYIL HOUSE, S/O. ASOKAN, IRINJALAKUDA. 8. ANAND, D/O. ASOKAN, THARAYIL HOUSE, IRINJALAKUDA. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. VISWANATHAN (OWNER) S/O. KUNJUMANI, PADINJAROOT HOUSE, KOMBARA DESOM, MANAVALASSERRY VILLAGE, THRISSUR DISTRICT. 2. VINESH (DRIVER) S/O. VIJAYAN, PADINJAROOT HOUSE, MANAVALASSERRY VILLAGE, THRISSUR DISTRICT. 3. THE MANAGER (INSURER), UNITED INDIA INSURANCE CO. LTD., BRANCH IRINJALAKUDA. BY ADV. SRI.K.G.BALASUBRAMANIAN - R1 SRI.S.MAMMU - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1179 OF 2005 ===================== Dated this the 15th day of July 2008 JUDGMENT This claim petition is filed by the legal representatives of deceased Kumaran, who died in a road accident. The claimants are the children of his brother Krishnankutty. The Tribunal arrived at a total compensation of Rs.41,500/- and granted Rs.50,000/- as minimum compensation under Section 140 of the Motor Vehicles Act. Even the claimants raised a contention that the deceased has only having an income of Rs.500/-. So the Tribunal accepted the same, calculated the compensation,gave adequate amounts such as Rs.10,000/- for pain and suffering, Rs.5,000/- for love and affection, Rs.2,500/- towards loss of estate, Rs.2,000/- towards funeral expenses, Rs.1,000/- towards transport expenses and Rs.2,000/- towards medical expenses and also ultimately awarded the minimum amount under Section 140 of the said Act. The calculation is absolutely correct and even if it is extended here it will come only Rs.50,000/- and the Tribunal had already awarded Rs.50,000/- as compensation. The award does not suffer MACA 1179/2005 -:2:- from any infirmity. Therefore the appeal is dismissed. M.N.KRISHNAN, JUDGE Cdp/-