IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 MACA.No. 632 of 2011(A) ---------------------- O.P(M.V) NO.841/2008 OF M.A.C.T, VADAKARA ......................... APPELLANT/2ND RESPONDENT IN O.P(MV) ---------------- M/S.ICICI GENERAL INSURANCE CO.LTD., ZENITH HOUSE, KESAVARAO KHAIDE MARG, MAHALAKSHMY, MUMBAI-400034, REPRESENTED BY ITS MANAGER. BY ADV. SRI.R.AJITH KUMAR (128/84) RESPONDENTS : CLAIMANTS 1-4 AND R1 ----------------------------------- 1. SHYJA, W/O.SUDESH, 'JAYALAYAM', IRINGATH AMSOM KULUPPA DESOM, IRINGATH POST, KOYILANDY TALUK, PIN-673521. 2. ARYA NANDA, 'JAYALAYAM', IRINGATH AMSOM KULUPPA DESOM, IRINGATH POST, KOYILANDY TALUK, PIN-673521. 3. NARAYANI, 'JAYALAYAM', IRINGATH AMSOM KULUPPA DESOM, IRINGATH POST, KOYILANDY TALUK, PIN-673521. 4. BALAN, S/O.VERAN, 'JAYALAYAM', IRINGATH AMSOM KULUPPA DESOM, IRINGATH POST, KOYILANDY TALUK, PIN-673521. 5. SOJITH, S/O.RAJAN, MOYORKUNNUMMAL HOUSE, KOOTHALI POST, PERAMBRA, KOYILANDY TALUK, PIN-673532. ADV. SMT.K.V.RESHMI FOR R1-4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.632 of 2011-A ***************************** Dated this the 26th day of August, 2011 JUDGMENT BASANT, J. Insurance company is the appellant. Claimants are the widow, children and parents of the deceased – altogether 5 in number. The deceased was a 32 year old man. His monthly income was reckoned at Rs.4,500/-. He succumbed to injuries suffered in a motor accident which took place on 05.04.2008. The Tribunal reckoned the monthly income of the deceased at Rs.4,500/- and proceeded to award a total amount of Rs.7,34,900/- along with interest as per the details given below: Sl.No. Head of award Amount awarded 1 Pain and suffering (deceased had undergone treatment for 32 days) Rs. 15,000.00 2 Loss of consortium Rs. 10,000.00 3 Funeral expenses Rs. 5,000.00 4 Medical expenses Rs. 6,400.00 5 Loss of dependency Rs.6,48,000.00 (455X12X3/4X16) 6 Transport to hospital Rs. 2,500.00 7 Non pecuniary damages Rs. 48,000.00 Total Rs.7,34,900.00 2. We have heard the learned counsel for the appellant M.A.C.A No.632 of 2011-A 2 and the learned counsel for the claimants. The learned counsel for the appellant assails the impugned award on the short ground that the total non pecuniary compensation of Rs.48,000/- awarded to the 4 claimants @ Rs.12,000/- per claimant is not justifiable. The learned counsel for the appellant submits that the Tribunal sought to justify the award of non pecuniary compensation as per the decision in National Insurance Co.Ltd. V. Vidhyadhar Mahariwala [AIR 2009 S.C 208]. The learned counsel for the appellant contends that the said decision is not at all applicable to the facts of the case. In the instant case, compensation has already been awarded under the heads of pain and suffering, loss of consortium etc. and in, these circumstances, there was no justification for awarding a further amount of Rs.48,000/- under the head of non pecuniary loss/compensation. 3. We find merit in that contention. After awarding various amounts under different non pecuniary heads specified above, the Tribunal erred evidently in granting a further amount of Rs.48,000/- under the head of non pecuniary damages. 4. The learned counsel for the respondents/claimants on the contrary contends that the amount of Rs.48,000/- awarded is M.A.C.A No.632 of 2011-A 3 perfectly justified as no compensation has been awarded under the head of loss of love and affection to any of the claimants by the Tribunal. The claimants are the young wife, infant child and aged parents of the deceased. The learned counsel points out that for the said loss some amount is liable to be awarded. What remains is only an insignificant difference and at any rate the appellate jurisdiction of this Court Under Section 173 of the Motor Vehicles Act does not deserve to be invoked on that ground. We have taken note of all the relevant inputs. We note that no compensation has been awarded under the head of loss of love and affection for the 4 claimants. We further note that the compensation awarded under the head of loss of consortium (Rs.10,000/-) for the 1st claimant, a woman, aged 24 years, who has lost her husband, aged 32 years is too meagre and deserves enhancement. We further note that though the deceased was an inpatient for a period of 32 days, expenses of bystander, extra nourishment etc. have also not been awarded. No amount has been awarded separately under the head of loss of earnings for 32 days of hospitalisation. Taking all the relevant circumstances into account, though we are of opinion that the additional amount of Rs.48,000/- awarded is slightly on the higher side, we M.A.C.A No.632 of 2011-A 4 are certainly not persuaded to invoke our appellate jurisdiction under Section 173 of the M.V Act to interfere with the same considering the fact that no amount of compensation has been awarded specifically under the head of loss of love and affection, loss of earning, bystander's expenses etc. 5. This appeal is, in these circumstances, dismissed in limine. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/