IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 MACA.No. 923 of 2004() ---------------------- OPMV.1773/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS(PETITIONERS): -------------------------------------- 1. SHERLY ANTONY, W/O.E.J.ANTONY, ELUVATHINGAL HOUSE, CHOVOOR P.O.,THRISSUR DIST. 2. NIKHIA ANTONY, D/O. LATE ANTONY, ELUVATHINGAL HOUSE, CHOVOOR P.O.,THRISSUR DIST. 3. NIKHIL ANTONY (MINOR), AGED 16 YEARS, REPRESENTED BY HIS NEXT FRIEND-GUARDIAN MOTHER SHERLY ANTONY, ELUVATHINGAL HOUSE, CHOVOOR P.O., THRISSUR DISTRICT. 4. NIYA ANTONY (MINOR), AGED 11 YEARS, D/O. LATE ANTONY, REPRESENTED BY HER NEXT FRIEND GUARDIAN MOTHER SHERLY ANTONY, ELUVATHINGAL HOUSE, CHOVOOR P.O., THRISSUR DISTRICT. 5. JOHN, ELUVATHINGAL HOUSE, CHOVOOR P.O., THRISSUR DIST. 6. MARY JOHN, W/O. JOHN, ELUVATHINGAL HOUSE, CHOVOOR P.O., THRISSUR DIST. BY ADV. SRI.P.V.BABY RESPONDENT(S): (RESPONDENTS): ----------------------------- 1. SUJAN @ SUJOHN ANTONY, S/O. ANTONY, PORATHOOKKARA HOUSE, CHERPU P.O. 2. MANAGER, UNITED INDIA INSURANCE CO. LTD., KURUPPAN ROAD, THRISSUR. BY ADV. SRI.JOSHY THANNICKAMATTAM FOR R1 BY ADV. SMT.P.A.REZIYA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 923 OF 2004 -------------------------------------------- Dated this the 23rd day of May, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for death of the husband of the first appellant, who was a railway employee. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. It is seen that compensation of Rs. 11,58,184/- is granted under various heads. Eventhough counsel for the appellant submitted that out of the compensation an amount Rs. 1,30,000/- is reimbursement of medical expenses, we find that compensation awarded above Rs. 10.2 lakhs is fairly a good amount. In the first place since the injured died while in service as station master of the Railways, Railways provide compassionate employment to one of the children of the deceased, which stands proved. Besides this, family pension given to the appellants is not reckoned while MACT granted compensation for loss of dependency. It is also the 2 observation of the MACT that total compensation with interest which is Rs. 16 lakhs, if invested properly will fetch monthly income more than the salary of the deceased. Considering all these findings of the MACT, we do not find any justification to enhance the compensation. Appeal is consequently dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3