IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 MACA.No. 929 of 2005() ----------------------------------- OPMV.2358/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): - PETITIONER IN OP(MV) NO.2358/96: ------------------------- SANGEETHA, AGED 22 YEARS, REP. BY HER NEXT FRIEND AND FATHER, C.KRISHNANKUTTY NAIR, AGED 62 YEARS, B-7, METRO, FLAT NO.16, VELLALA STREET, KODAMBAKKAM,CHENNAI-24 AND NOW RESIDING AT `AISWARYA', ARATTUPUZHA P.O., THRISSUR-680 562. (DIED) ADDL. APPELLANTS IMPLEADED. 2. C.KRISHNANKUTTY NAIR, AGED 64 YEARS, (FATHER OF DECEASED). 3. M.AMRITHAKUMARI NAIR, AGED 57 YEARS, (MOTHER OF THE DECEASED) 4. M.SUNIL NAIR, AGED 34 YEARS, (BROTHER OF THE DECEASED). ALL ARE RESIDINGAT B-7 METRO, FLAT NO.16, VELLALA STREET, KODAMBAKKAM, CHENNAI – 24, AND NOW RESIDING AT 'AISWARYA', ARATTUPUZHA P.O., THRISSUR 680 562. L.RS OF THE DECEASED APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 2 TO 4 VIDE ORDER DT. 3.12.07 ON IA. 2799/07. BY ADVS. MR.R.SUDHISH SMT.M.MANJU M.A.C.A. NO.929/2005 RESPONDENT(S): RESPONDENTS IN OP (M.V): ----------------------------- 1. N.M. ABDUL HAMEED, NJAVAKKATTU HOUSE, THYNOTHIL ROAD, ALUVA. 2. P.M. HASSAINAR, PATTARUMADOM VEEDU, VENGOLA VILLAGE, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., BY ITS MANAGER, MTPC OFFICE, VETTUKATTIL BUILDINGS M.G. ROAD, COCHIN-16. 4. THE NEW INDIA INSURANCE CO. LTD., BY ITS REGL. MANAGER, REGL. OFFICE, KANDOMKKULATHY BUILDINGS, M.G. ROAD, ERNAKULAM, COCHIN-11. BY ADVS. MR.P.V.JYOTHI PRASAD FOR R3 SMT.A.SREEKALA FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ M.A.C.A NO: 929 OF 2005 ----------------------------------------------------------------------------------- Dated this the 23rd March, 2009. JUDGMENT RAMACHANDRAN NAIR, J. The appeal was originally filed by a minor girl who was seriously injured in a motor accident. During the pendency of the appeal the claimant died and hence her parents along with the surviving brother got impleaded as claimants in the appeal. The accident that led to the injury and later death of the claimant is a collision between a car and a bus. MACT found negligence on the part of driver of the bus and consequently the insurance company which has insured the offending vehicle is ordered to pay compensation. The injured who died in this case was a minor girl of 14 at the time of the accident. 2. On going through the award and after hearing both sides we find that the injured sustained serious injuries which led to her permanent disability, long hospitalisation and ultimate death. In fact even without taking into account the death of the injured MACT awarded a compensation of Rs.5,21,000/- under various heads. The interest granted is only 6%. In fact percentage of disability MACA 929/2005 2 accepted by the MACT was 75%. Counsel for the appellants contended that the compensation awarded is inadequate under various heads. A major objection raised is against disallowance of bystander expenses which was supported by evidence. The MACT granted only 50% of the claim amounting to Rs.1,25,800/-. Going by the nature of injuries sustained and long hospitalisation at various expensive hospitals in the course of ten years before her death we are sure that the claim is neither exorbitant nor unreal. We therefore find justification for enhancing the compensation under this head. Of course since the injured died later instead of granting compensation under the head permanent disability compensation should granted for loss of dependency. 3. Counsel for the insurance company submitted that deceased was a minor girl on whom parents cannot claim dependency. Even though we find force in the contention we do not think the same will justify denial of compensation for the death of the injured. Parents at oldage can claim dependency from children. In the case of female children dependency may not be subsisting after marriage which normally takes place around 25 years of age. Considering our finding we feel instead of substituting the award amount reasonable addition amount will serve the ends of justice. MACA 929/2005 3 We grant Rs.50,000/- towards reimbursement of bystander expenses during the course of treatment of the injured for ten years and another Rs.50,000/- towards additional compenstion for loss of love, affection and dependency etc. We also notice that interest awarded at 6% is very low and following our decision in similar cases we enhance the rate of interest to 7 ½ % per annum which should be paid on the entire compensation including the additional compensation of Rs.1 lakh awarded by us from the date of application till deposit. Award stands modified as above. Since the claimants are fairly aged, they will be permitted to withdraw the amount. Appeal is allowed in part. C.N. RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: