IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 638 of 2004() --------------------------------- OPMV.1278/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANTS. -------------------- 1. GEENA.T. D/O.THANKAN, R/A.MANKULATHU VEEDU, EAST PATTOM, THIRUVANANTHAPURAM. 2. DIVYA, D/O.GEENA(MINOR) REP. BY HER MOTHER GEENA DO. DO. 3. K.AMBUJAKSHI, VENKETESWARA NILAYAM, VELLU ROAD, KANIYAPURAM P.O. THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: RESPONDENTS. ------------------------- * 1. Y.CHANDRAKUMAR, VIJAYA BHAVAN, NEDUMANGAD, THIRUVANANTHAPURAM.(DELETED) 2. THE NEW INDIA ASSURANCE CO.LTD., ATTINGAL, THIRUVANANTHAPURAM. *THE NAME OF R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DT. 21.11.2007 IN IA. 2680/2007. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No.638 of 2004 --------------------------------------- Dated this the 12th day of June, 2008 Judgment Koshy,J. A 34 year old man died in a motor accident on 4.1.1998. His mother, wife and 11 month child applied for compensation. He was a lineman attached to the Kerala State Electricity Board. Considering the retrospective revision of salary, tribunal has fixed Rs.3,000/- as monthly income. We see no ground to enhance the above amount. Considering the age of the deceased, tribunal has fixed 17 as the multiplier and compensation was calculated. We are of the opinion that no interference is required for a child who was aged 11 months and lost fatherly care and affection was granted Rs.15,000/- for love and affection. We see that Rs.12,000/- was granted for loss of consortium. He was aged 34 years. Wife was aged 26 years. Considering these facts, we are of the opinion that another Rs.10,000/- ought to have been awarded for loss of consortium. We see no ground to interfere in the award on other counts. Hence, the above additional amount of Rs.10,000/- should be deposited by the second respondent insurance company with M.A.C.A.No. 638/2004 2 7.5% interest from the date of application till its deposit. On deposit of the above, the first appellant wife of the deceased is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No. 638/2004 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No. 638 of 2004 ------------------------------------- Judgment Dated:12th June, 2008