IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 MACA.No. 1846 of 2007() ----------------------- OPMV.130/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANTS IN MFA-PETITIONERS IN OP(MV): ------------------------------------------------------ 1. K.P. KUMARAN, S/O. KANNAN, SYAM NILAYAM, IYYANKODE AMSOM,VIZHNUMANGALAM DESOM NADAPURAM VILLAGE, VATAKARA TALUK, P.O. VISHNUMANGALAM, KOZHIKDE DISTRICT, PIN-673 506. 2. SYAMALA, W/O. K.P.KUMARAN & D/O. ANDY, IN -DO- -DO-. 3. SRUTHI K.S., D/O. -DO-, MINOR, AGED 16 IN -DO- -DO-, REPRESENTED BY NEXT FRIEND AND FATHER, APPELLANT NO.1. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------- 1. P.M. RAMESH, S/O. KELAPPAN, PALANCHOLA MALAYIL HOUSE, KALLACHI P.O., VADAKARA TALUK, KOZHIKODE DISTRICT,PIN-673 506. 2. VINESH C.P., S/O. KANNAN, CHARNICHA PARAMBATH HOUSE, VANIMAL P.O., KALLACHI (VIA), KOZHIKODE DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., VADAKARA BRANCH, SREENIDHI BUILDING, NARAYANA NAGAR, VADAKARA P.O.,KOZHIKODE DISTRICT, PIN-673 101. 4. SUNI, PADINJARE KUNIYULLATHIL HOUSE, VISHNUMANGALAM P.O., KALLACHI, KOZHIKODE DIST. PIN - 673 506. 5. RATHEESH, S/O. DAMODARAN, CHEMBOTTUMMEL HOUSE, KUTTIPRAM AMSOM AND DESOM, P.O. VISHNUMANGALAM, DO. DO. 6. THE ORIENTAL INSURANCE CO. LTD., SREENIDHI BUILGING, P.V.NO. 27, NARAYANA NAGAR, VATAKARA P.O., VATAKARA 673 101. ADV. SRI.C.VALSALAN FOR R1 SRI.K.RAKESH ROSHAN & SMT.THUSHARA.V FOR R1 ADV. SRI.T.K.KUNHABDULLA FOR R2 ADV. SRI.T.G.RAJENDRAN FOR R.5 ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1846 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of August, 2009 JUDGMENT Joseph, J. The appellants are the father, mother and younger sister of the deceased. Aggrieved by the quantum of compensation awarded, this appeal is filed. 2. Heard the learned counsel for the appellants and the learned counsel for the respondents. 3. The learned counsel for the appellants would contend that the Tribunal ought to have taken the income of the deceased atleast at Rs.3,000/- The deceased was studying for Post Graduation. She was taking tuition also. 4. The Tribunal has taken the income at Rs.2,000/- The accident took place in 2002. Having regard to the fact that the deceased was only a student and was undergoing her Post Graduation, we are not inclined to increase the income. M.A.C.A.No. 1846 of 2007 2 5. The learned counsel for the appellants submitted that no amount has been awarded towards pain and sufferings. We are inclined to award Rs.10,000/- towards pain and sufferings. 6. Accordingly this appeal is allowed in part. The appellants are entitled to realise a sum of Rs.10,000/- more with 7.5% interest from the date of the petition till the date of realisation from the 6th respondent. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm