IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 MACA.No. 1926 of 2010(D) ----------------------- OPMV.1471/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT : IST RESPONDENT ---------------------------- A.S.SUKUMARAN, S/O.SWAMINATHAN, AGED 50 YEARS, RESIDING AT ERATTU HOUSE, CHITTILANCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT (OWNER OF TRACTOR - KL-9/F-6809). BY ADV. SRI.K.RAMESH RESPONDENTS : PETITIONERS AND 2ND & 3RD RESPONDENTS ---------------------------------------------------- 1. MADHAVI, W/O.APPUKUTTAN, RESIDING AT KOTTAMPOTTA HOUSE, MELARCODE (P.O), ALATHUR TALUK, PALAKKAD DISTRICT-678 703. 2. BABY, D/O.MADHAVI, RESIDING AT KOTTAMPOTTA HOUSE, MELARCODE (P.O), ALATHUR TALUK, PALAKKAD DISTRICT-678 703. 3. K.GOPINATHAN, S/O.KRISHNANKUTTY, RESIDING AT VATTOMPADAM HOUSE, CHITTILANCHERRY, MELARCODE, ALATHUR TALUK, PALAKKAD DISTRICT-678 703. (DRIVER OF TRACTOR:KL-9/F-6809) DL.NO.2605/85 4. APPUKUTTAN, S/O.LATE MALLI, RESIDING AT NAYKKATHARA, MATHUR (P.O), PALAKKAD DISTRICT-678 571. ADV. SRI.BINOY VASUDEVAN FOR R1-2 SRI.R.MANIKANTAN FOR R1-2 SMT.P.G.BABITHA FOR R1-2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.1926 of 2010-D ***************************** Dated this the 31st day of August, 2011 JUDGMENT BASANT, J. The appellant is the owner of a vehicle. There was no insurance for the vehicle. Compensation was claimed by the claimants for the loss suffered by them on account of the death of a minor child, aged 13 years, who succumbed to the injuries suffered in a motor accident that took place on 18.04.2001. The Tribunal has awarded a total amount of Rs.1,49,000/- along with interest and cost. 2. The challenge in this appeal is directed only against the quantum of compensation. After discussions at the bar, the learned counsel for the appellant submits that the appeal can now be dismissed granting the appellant time to satisfy the award. We have taken note of the nature of claim. Even going by Section 163A of the Motor Vehicles Act, the claimants are entitled for a much higher amount than the amount of Rs.1,49,000/- awarded by the Tribunal. We do not find any merit in the challenge. We are satisfied that this appeal need only be dismissed now as agreed by the learned counsel for the M.A.C.A No.1926 of 2010-D 2 appellant. 3. An amount of Rs.50,000/- has already been deposited before the Tribunal, it is submitted. The said amount can be released in accordance with the directions in the impugned award. 4. No further directions appear to be necessary. We are not satisfied that this Court should grant any time to the appellant to pay the balance amount and satisfy the impugned award. 5. This appeal is, in these circumstances, dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/