IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 MACA.No. 2361 of 2009 ----------------------- OPMV.454/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS: PETITIONERS ------------------------- 1. THANKAM, W/O.(LATE) ANANDAN NAIR, AGED 60 YEARS, RESIDING AT SREE NILAYAM, P.O.KEEZHAL, THERUVIL KUTTETH (VIA) NUT STREET, VADAKARA, KOZHIKODE. 2. RAVI, S/O.(LATE) ANANDAN NAIR, AGED 41 YEARS, RESIDING AT SREE NILAYAM, P.O.KEEZHAL, THERUVIL KUTTETH (VIA) NUT STREET, VADAKARA, KOZHIKODE. 3. REMA, D/O.(LATE) ANANDAN NAIR, AGED 37 YEARS, RESIDING AT SREE NILAYAM, P.O.KEEZHAL, THERUVIL KUTTETH (VIA) NUT STREET, VADAKARA, KOZHIKODE. 4. RAJESH, S/O.(LATE) ANANDAN NAIR, AGED 35 YEARS, RESIDING AT SREE NILAYAM, P.O.KEEZHAL, THERUVIL KUTTETH (VIA) NUT STREET, VADAKARA, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS: RESPONDENTS -------------------------- 1. VENEEDHARAN.M., S/O.KUNHIRAMAN, AGE NOT KNOWN, RESIDING AT VANDANAM, MADAPPALLY COLLEGE P.O., VADAKARA, KOZHIKODE. 2. ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, SEEMA BUILDING, GH ROAD, KOZHIKODE. ADV. SRI.M.JACOB MURICKAN FOR R2 SRI.T.M.CHANDY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO.2361 OF 2009 ============================ Dated this the 4th day of August 2011 JUDGMENT R.Basant, J. The claimants are the appellants. They are the wife, aged 57 years and adult children all aged above 32 years. They claimed an amount of Rs.1,50,000/- as compensation for the death of their husband/father who was aged about 72 years on 12/1/2006 on which date he suffered injuries in a motor accident and succumbed to such injuries. The Tribunal by the impugned award directed payment of an amount of Rs.65,500/- as per the details which are given in paragraph 7 of the impugned award which we extract below. 1)Dependency : Rs.50,000/- 2)Pain and suffering : Rs. 5,000/- 3)Consortium : Rs.7,500/- MACA 2361/2009 2 4)Transportation : Rs.1,000/- 5)funeral expenses : Rs.2,000/- Total : Rs.65,500/- 2. The challenge is raised only against the quantum of compensation awarded. The learned counsel for the appellants contends that the tribunal had wrongly assumed the monthly income to be Rs.1250/-. A higher monthly income ought to have been adopted, submits the learned counsel. According to the learned counsel for the appellant, the deceased though aged 72 years was working as a driver and in these circumstances, the Tribunal was not justified in assuming that 15,000/- would have been his annual income. We are unable to accept this argument. There is no worthwhile evidence to show that the deceased was actually employed as a driver. He was aged 72 years also. 3. Learned counsel for the appellants then contends that if the claim were computed under Section 163(A) of the MACA 2361/2009 3 Motor Vehicles Act, the appellants would have been entitled for a higher amount. We have looked into this contention. Under the table given in clause (1) of the IInd Schedule, the deceased victim would fall under the last horizontal column - i.e. persons above 65 years. He will come under the 10th vertical column dealing with persons of income above 12,000/- upto Rs.18,000/-. That is, we, like the Tribunal, assume that he can be assumed to earn an income of Rs.1250/- per mensem as enabled by the presumption under clause 6. For such persons the amount payable as compensation in case of death given in Rupees in thousands is 90. Therefore, the appellants are entitled to an amount of Rs.60,000(90,000x2/3) under clause (1) of the IInd Schedule. In addition the appellants would be entitled for amounts under clause 3 of the IInd Schedule. So reckoned, under Section 163(A), the appellants would be entitled to a total amount of Rs.69,500/- as per the details shown below: MACA 2361/2009 4 1)Amount payable under clause(1) of the IInd Schedule Rs.60,000(90000x2/3) 2)Funeral expenses under clause 3(i) :Rs.2,000/- 3)Loss of consortium under clause 3(ii) :Rs.5,000 4)Loss of estate under Clause 3(iii) : Rs.2,500/- Total :Rs.69,500/- 4. We are satisfied that following the decisions in National Insurance Co.Ltd. v. Muneer[2003(1)K.L.T.137] and R.K.Malik v. Kiran Pal(2009)14 S.C.C.1 , the appellants can be held entitled to the higher amount that would have been payable if the claim were considered under Section 163(A). That would mean that the appellants would be entitled for a further amount of Rs.4,000/-. The appeal can succeed only to the above extent. 5. In the result, a)this appeal is allowed in part. b)The appellants are found entitled to a further amount of Rs.4,000/- in addition to the amounts already awarded by the Tribunal. MACA 2361/2009 5 c)We direct that the entire amount of compensation shall carry interest at the rate and for the period as directed by the Tribunal. d)All other directions of the Tribunal are upheld. Sd/- R.BASANT, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. TRUE COPY P.S. TO JUDGE