IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 1496 of 2006() ----------------------- OPMV.670/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S)/ADDITIONAL PETITIONERS 2 & 3: ------------------------------------------------------ 1. MOLLY THAMPY, W/O.LATE THAMPY VARGHESE, PADIPURACKAL HOUSE, VENGAL, ALAMTHURUTHY P.O., THIRUVALLA. 2. TEENA ELSA (MINOR), D/O. LATE THAMPY VARGHESE, PADIPURACKAL HOUSE, VENGAL, ALAMTHURUTHY P.O., THIRUVALLA REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN MOLLY THAMPY (APPELLANT NO.1). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): RESPONDENTS 1 TO 3: ---------------------------------- 1. SOMAN PILLAI,S/O.PARAMESHWARAN PILLAI, KAITHALAMADATHIL PURAMATTOM, THIRUVALLA. 2. K.G. PURUSHOTHAMAN NAIR, S/O. GOVINDA KURUP, VADASSERIL HOUSE,PURAMATTOM, MALLAPPALLY. 3. THE MANAGER, ORIENTAL INSURANCE CO., THIRUVALLA BRANCH. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON ON 04/11/2008, THE COURT OF THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1496 OF 2006 --------------------------------------------------------- Dated this the 4th day of November, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellants and Standing Counsel appearing for the Insurance Company. Appeal is filed for enhancement of compensation for the injuries sustained by the husband of the first appellant who later died during the pendency of the claim petition. 2. The accident occurred on 6.8.1999 when the husband of the first appellant was travelling in a bus. The other vehicle involved in the accident was a lorry which was coming from the opposite direction. The right hand of the victim got crushed in the accident leading to 40% permanent disability which was accepted by the Tribunal. The injured died on 17.10.2003 and the appellants were impleaded as his legal representatives in the claim petition. The appellants did not put up a case that death is due to the accident and consequently, no compensation was awarded for loss of dependency. M.A.C.A. NO.1496/2006 2 3. Counsel appearing for the appellants contended that the victim had suffered extensively and he could not recover from the shock and injury and death at the age of 44 can be attributed to the accident and injury. However, Standing Counsel appearing for the Insurance Company pointed out that injury of the right hand, however serious, cannot lead to death of a man. No postmortem was done and consequently even cause of death is not on record. Even though death may not be directly attributable to the accident and injury, probably the same would have advanced the death of the sick man. Considering these and the entitlement of higher income for the deceased for fixing compensation for loss of earning power, we enhance the total compensation by Rs.50,000/-. The additional compensation will carry interest at the rate of 7.5 % per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.1496/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1496/2006 JUDGMENT 4th November, 2008 M.A.C.A. NO.1496/2006 4