IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 M.A.C.A.No.528 of 2005 ----------------------------------------------- O.P.(M.V).NO.982/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM (AWARD DATED 8.10.2003) .................... APPELLANTS/PETITIONERS:- ------------------------------------------ 1. MOLLY, D/O.ROSA, KALLUMKAL PARAMBIL, NEENDOOR, KOTTAYAM. 2. K.S.CHACKO, KALLUMKAL PARAMBIL, NEENDOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS/RESPONDENTS:- ------------------------------------------------- 1. M.R.MANOJ, KANNANKARA HOUSE, NATTAKAM, KOTTAYAM. 2. JOSEPH @ BABYCHAN, KALARICKAL CHIRA HOUSE, MULAKUZHA NATTAKAM, KOTTAYAM. 3. NEW INDIA ASSURANCE COMPANY, KOTTAYAM, REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM. R3 BY ADV. SRI.P.G.GANAPPAN. THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- M.N.Krishnan,J. -------------------------------- M.A.C.A.No.528 of 2005 -------------------------------- Dated, this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(M.V.).No.982 of 1999. 2. A sixty two year old woman died in a motor accident, leaving behind her daughter and a brother, who are aged 35 and 49 respectively. The Court below observed that the deceased had no permanent employment or fixed income. Still, the Tribunal took the income at Rs.1,500/- per mensem, deducted one-third for her personal expenditure and calculated dependency, which is only just and reasonable. Immediately within three hours from the accident, the person died. Rs.5,000/- has been awarded towards pain and suffering. The Tribunal has allowed Rs.2,500/- towards loss of estate and Rs.2,000/- towards funeral expenses, besides Rs.1,000/- for transportation. But, I find that the Tribunal has not awarded any compensation for loss of love and affection towards the daughter. Though the deceased was aged 62, the loss of a mother is something which goes a long way to the children. So, I award her a sum of Rs.6,000/- towards loss of love and affection. To that extent, the award requires modification. M.A.C.A.No.528 of 2005 - 2 - Therefore, the appeal is partly allowed and the claimants are awarded an additional amount of Rs.6,000/- (Rupees six thousand only) with 7% interest per annum on the said amount from the date of petition till realisation and the 3rd respondent-Insurance Company is directed to deposit the said sum within a period of sixty days from the date of receipt of a copy of this judgment. M.N.Krishnan Judge vku/-