IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 MACA.No. 897 of 2011() ---------------------- OPMV.3082/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONERS ------------------------- 1. SRI. A.K.BALAN, SON OF LATE SRI KRISHNAN 2. SMT. T.K.GAYATHRI, WIFE OF SRI A.K.BALAN BOTH APPELLANTS ARE RESIDING AT AMRITH VIHAR, UNIVERSITY CENTRE, COCHIN UNIVERSITY.P.O., THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI RESPONDENT(S): --------------- 1. A.A. JOSEPH, PROPRIETOR, JONARIN JALIZ & COMPANY, XL/2028, DR. GEORGE ROAD (K.K.ROAD), KALOOR.P.O., COCHIN-682017. 2. BREEZE JOS, D/O. JOS, ARAKKATHARA HOUSE, CHEMBUMUKKU BHAGOM VAZHAKKALA VILLAGE, COCHIN-682030. 3. NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, ERNAKULAM, COCHIN-682016. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No. 897 of 2011 ------------------------------------------------- Dated this the 15th day of July, 2011 JUDGMENT Basant,J. The parents of a deceased young man said to be a very bright academically aged 24 years who suffered injuries and succumbed to such injuries in a motor vehicle accident which took place on 4/8/06 are the appellants before us. The appellants are said to be aggrieved by the quantum of compensation awarded. Against a claim for an amount of Rs.10 lakhs, the Tribunal awarded only an amount of Rs.6,55,845/- as compensation as per the details shown below: Heads Amount awarded Loss of dependency (95500 X 12 X 2/3 X 8) 352000 Transportation expenses 2000 Funeral expenses 5000 Medical expenses (Exts.A25 & 26) 201844 Compensation for pain and suffering 15000 Compensation for loss of estate 10000 Compensation for loss of love and affection 25000 Compensation for Mental agony 20000 -: 2 :- Heads Amount awarded Compensation for loss of support Not awarded Compensation for loss of expectation of life 25000 Total 655844 rounded to 655845 2. The learned counsel for the appellants was requested to explain the nature of the challenge which appellants want to amount against the impugned award, the learned counsel for the appellants submits that the Tribunal erred grossly in not making adequate provision for future improvement of the prospects in employment while reckoning the multiplier as Rs.5,500/- to ascertain the loss of dependency. 3. The income certificate produced shows that Rs.5,500/- was the monthly income of the deceased at the time of his death. The Tribunal accepted that certificate completely and reckoned Rs.5,500/- as the monthly income. It is true that no provision was made for probable future improvement of the prospects in employment. Even though the deceased was a bachelor and the claim was staked only by his father and mother aged 61 and 54 years respectively, the Tribunal deducted only 1/3rd from the earnings towards personal expenses. Going by the decision in -: 3 :- Sarla Verma v. Delhi Transport Corporation [(2009) 6 SCC 121], it is trite that in such a situation one half should have been deducted towards personal expenses of the deceased. The inadequacy in not making provision for future improvement in prospects is neutralized and nullified by the assumption of the Tribunal that personal expenses can account only for 1/3rd . We have already shown the amounts awarded under the other heads in this appeal by the appellant. We do not want to say anything more about the amounts awarded. Suffice it to say that we are satisfied that the total compensation of Rs.6,55,845/- cannot, by any stretch of imagination, be held to be not fair, reasonable or just. We are not persuaded to invoke our appellate jurisdiction under Sec.173 of the Motor Vehicles Act at the instance of the appellants. 4. This appeal is, in these circumstances, dismissed in limine. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge