IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 MACA.No. 683 of 2005() ---------------------- OPMV.873/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. MAYA, WIDOW OF CHCANDRAN, 2. ARUNDAS, S/O. LATE CHANDRAN. 3. KIRANDAS (MINOR), S/O. LATE CHANDRAN, (MINOR 3RD APPELLANT REPRESENTED BY HIS GUARDIAN MOTHER THE 1ST APPELLANT HEREIN) ALL ARE RESIDING AT PAYYAPPATTU HOUSE, POOTHOLE, THRISSUR. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.LEJU T.BALAN RESPONDENTS/RESPONDENTS: ------------------------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. MOHAN NAIR, S/O. SANKARAN NAIR, RESIDING AT PUTHENVEEDU, PUTHEN KOTTA, MANAKADU, THIRUVANANTHAPURAM. 3. THE NATIONAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, P.B.NO.434, ST. JOSEPH PRESS BUILDING, VAZHUTHAKADU, THIRUVANANTHAPURAM. ADV. SMT.SARAH SALVY FOR R3 ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 683 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2009 JUDGMENT Joseph, J. The appellants are the wife and children of the deceased. They filed the application under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 7 Lakhs. The Tribunal has awarded an amount of Rs.3,72,000/- with interest at the rate of 6% p.a. from the date of the petition till the date of realisation. 2. The appeal was taken up for hearing on consent. Heard the learned counsel for the appellants and the learned counsel for the third respondent. 3. The learned counsel for the appellant submitted that this is a case where the Tribunal has erred in taking the income of the deceased at Rs.3,000/- as he was earning an income of Rs. 6,000/- He had a bus and a tourist car. M.A.C.A.No. 683 of 2005 2 There is the evidence of the first appellant to that effect. The accident took place in the year 2000. 4. The learned counsel for the respondent supported the award. 5. Having regard to the circumstances of this case, as the deceased was earning business income, it may not be just to take the income at Rs.3,000/- We fix the income as Rs.3,500/- in the place of Rs.3,000/- On this basis, the appellants would be entitled to realise an amount of Rs.52,000/- more after deducting the sum of Rs.3,12,000/- already awarded. 6. The appeal is accordingly allowed in part. The appellants are allowed to realise an amount of Rs.52,000/- more with interest at the rate of 7.5% from th date of the petition till the date of realisation from the third respondent. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) tm Judge