IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 MACA.No. 1742 of 2008() ----------------------- OPMV.1820/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT: 3RD RESPONDENT ---------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, ALAPPUZHA NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. SRI.P.JACOB MATHEW RESPONDENTS/ PETITIONERS -------------------------- 1. UMMERKUNJU @ SHAJI, S/O. MUHAMMED KUNJU, KIZHAVANA THAYYIL, JARIS MANZIL, PUNNAPRA, ALAPPUZHA. 2. RAMLA, W/O. UMMERKUNJU, -DO- THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1742 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the third respondent Insurance Company in O.P.(MV)No.1820/2002 on the file of Motor Accidents Claims Tribunal, Alappuzha. In this appeal, the appellant challenges the judgment and award of the Tribunal dated April 30, 2007 awarding a compensation of Rs. 2,05,000/- to the claimants, who are respondents 1 and 2 in this appeal, for the loss caused to them on account of the death of deceased Ansar in a motor accident that occurred on August 5, 2002 : 2. Claimants are the father and mother of deceased Ansar. The accident happened while the deceased was walking along Alappuzha- Kollam National Highway and when he reached near Punnapra, he was knocked down by a motor cycle bearing Reg.No.KL-4/K-7094 ridden by the second respondent in the O.P.. Alleging negligence against the second respondent in the O.P., the claimants filed the O.P. before the Tribunal under Section 163 A of the Act claiming a compensation of Rs. 3,62,750/-. MACA.No.1742/2008 2 3. First respondent in the O.P., the owner of the offending motor cycle remained absent before the Tribunal. The second respondent, the rider of the offending motor cycle filed a written statement admitting the accident, but denied the liability. The third respondent/appellant, the insurer of the offending motor cycle filed a written statement admitting the policy and further contended that there was also negligence on the part of the deceased. 4. Exts.A1 to A4 were marked on the side of the claimants before the Tribunal. No evidence was adduced on the side of the contesting respondents before the Tribunal. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent in the O.P. and awarded a compensation of Rs. 2,05,000/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs.2,000/-. The third respondent Insurance Company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant Insurance Company and the counsel for the claimants. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the respondent in MACA.No.1742/2008 3 the O.P. is not seriously challenged in this appeal. Therefore, the only question which arises for consideration is whether the compensation awarded by the Tribunal is excessive. 6. The Tribunal awarded a total compensation of Rs. 2,05,000/- . The break up of the compensation awarded is as under : Compensation for pecuniary loss caused to the petitioners due to the death of their son - Rs. 2,00,000/- Compensation for loss of estate - Rs. 2,500/- Compensation for funeral expenses - Rs. 2,000/- Compensation for medical expenses - Rs. 500/- 7. The deceased was a boy aged 8. This being a claim under Section 163A of the Act, the Tribunal took the income of the deceased as Rs.15,000/- per annum and awarded Rs.2,00,000/- towards loss of dependency. Taking into consideration the age of the deceased and in the circumstances of the case, we feel that the compensation awarded by the Tribunal is just and reasonable. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1742/2008 4 MACA.No.1742/2008 5