IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 MACA.No. 273 of 2009() ---------------------- OPMV.1708/2000 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): PETITIONERS: -------------------------- 1. LOOBI, AGED 57 YEARS, D/O.LATE MENAKA, THECKETHODI HOUSE, ARAKKINAR P.O., BEYPORE AMSOM DESOM, (D/O.DECEASED). 2. DAKSHAYANI, AGED 54 YEARS, D/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, (D/O.DECEASED). 3. SURENDRAN, AGED 50 YEARS, S/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, (S/O.DECEASED). 4. BALAN, AGED 47 YEARS, S/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, (S/O.DECEASED). 5. SAJEEVAN, AGED 45 YEARS, S/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, (S/O.DECEASED). 6. GANESHAN, AGED 43 YEARS, S/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, (S/O.DECEASED) 7. INDIRA, AGED 41 YEARS, D/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM,(D/O.DECEASED) 8. NISHA, AGED 39 YEARS, D/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM,(D/O.DECEASED) 9. REENA, AGED 37 YEARS, D/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM,(D/O.DECEASED) 10. VINAYAN, AGED 33 YEARS, S/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM,(S/O.DECEASED) 11. MINI, AGED 30 YEARS, D/O.LATE MENAKA, THECKETHODI HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM,(D/O.DECEASED) BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): RESPONDENTS: --------------------------- 1. M.K.VINURAJ, MAPPILAYANI HOUSE, V/A33-KOYARITHAZHAM, P.O.ERANHIPALAM, CALICUT. 2. JAYANARAYANAN, S/OSREEDHARAN NAIR, AGED 26 YEARS, PUTHENVEEDU HOUSE, P.O.PUNPALA, VANDOOR, MALAPPURAM. 3. NATIONAL INSURANCE CO. LTD., DIVISION OFFICE 11, P.B.BUILDING, NEAR ARAYIDATHUPALAM, CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & P.R.RAMACHANDRA MENON, JJ. * * * * * * * * * * * * * * * * * * M.A.C.A.No.273 of 2009 ---------------------------------------- Dated this the 13th day of February 2009 J U D G M E N T R.BASANT,J The claimants before the Tribunal are the appellants. They claim an amount of Rs.2.5 lakhs as compensation for the death of their mother/grand mother aged 70 years in a motor accident. She was unemployed and was a house wife. The Tribunal awarded a total amount of Rs.84,000/- as compensation as per details given in paragraph 16 of the impugned judgment. The following amounts are seen awarded: Transport to hospital Rs.1,000/- Funeral expenses Rs.2,000/- loss of love and affection Rs.6,000/- compensation for pain and Rs.15,000/- suffering Loss of dependency Rs.60,000/- Total Rs.84,000/- 2. Called upon to explain the nature of the challenge which the appellants want to mount against the impugned award, the learned counsel for the appellants contends that the quantum of compensation awarded under the various heads are not sufficient and satisfactory. In particular, the learned counsel M.A.C.A.No.273/09 2 for the appellants points out that the compensation awarded for loss of love and affection at Rs.6,000/- is not satisfactory. Multiplier 5 was taken to ascertain the loss of dependency. Though she was a house wife aged 70 years, Rs.1,500/- per mensum was reckoned as the multiplicand. Even though the death occurred on the same day as the accident, an amount of Rs.15,000/- was awarded as compensation for pain and suffering. 3. In the circumstances of the case, we are not satisfied that the impugned award warrants interference on the alleged ground that the quantum of Rs.6,000/- awarded under the head of loss of love and affection deserves upward modification. Fair, reasonable and just compensation has already been ordered, we are satisfied. 4. This M.A.C.A is in these circumstances dismissed. (R.BASANT, JUDGE) (P.R.RAMACHANDRA MENON, JUDGE) jsr M.A.C.A.No.273/09 3 M.A.C.A.No.273/09 4 R.BASANT & P.R.RAMACHANDRA MENON, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009