IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 MACA.No. 1595 of 2009() ---------------------------------- (AGAINST THE AWARD DATED 16.5.2008 IN OPMV NO.1364/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM) ...................... APPELLANT(S): PETITIONERS -------------------------------------------- 1. AHEMMEDKUTTY,AGED 45 YEARS, S/O. V.M.MUHAMMED. 2. SAINABA, AGED 41 YEARS, W/O. AHEMMEDKUTTY. BOTH APPELLANTS ARE RESIDING AT VELIYAKATH HOUSE KUMBALAM PO, KUMBALAM VILLAGE,ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.RAJANI K.N. SMT.RADHIKA RAJASEKHARAN SMT.ANILA PETER RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. T.K.MUHAMMED RASHEED, THAIVALAPPIL HOUSE, KALATHODE PO, OLLUKKARA, THRISSUR DISTRICT. 2. MUHAMMED RAFEEK T.M., S/O.MUHAMMED RASHEED, THAIVALAPPIL HOUSE KALATHODE PO, OLLUKKARA, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD DIVISIONAL OFFICE, ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.1595 of 2009-D ---------------------------------------------- Dated, this the 20th day of July, 2009 J U D G M E N T K.M.Joseph, J. Appellants are the parents of a 16 year old girl who died as a result of the injuries in a motor accident which occurred on 2002. The petition was filed before the Tribunal under Section 163A of the Motor Vehicles Act. The Tribunal has awarded a total sum of Rs.1,64,500/-. Towards funeral expenses Rs.2,000/- is awarded, towards loss of estate Rs.2,500/- is awarded and towards loss of dependency Rs.1,60,000/- is awarded. 2. We heard the learned counsel for the appellants. Learned counsel for the appellants submits that no amount is awarded towards pain and suffering. 3. No doubt, the learned counsel would admit that the death is instantaneous. The application was under Section 163A of the Motor Vehicles Act. Being an application under Section 163A, the appellants may not be entitled to MACA 1595/2009 -2- compensation towards pain and suffering at all. In such circumstances, we find no reason to interfere with the award passed by the Tribunal. Accordingly, the appeal is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS