IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 MACA.No. 250 of 2006() ---------------------- OPMV.1822/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. SAFIYA, W/O.LATE MUHAMMEDKOYA, 46 YEARS, CHERUNALAKATH HOUSE, P.O.CHUNGATHARA, CHUNGATHARA VILLAGE, NILAMBUR TALUK. 2. C.N.RAHNA, D/O.LATE MUHAMMEDKOYA, 26 YEARS, CHERUNALAKATH HOUSE, P.O.CHUNGATHARA, CHUNGATHARA VILLAGE, NILAMBUR TALUK. 3. C.N.SAJANA, D/O.LATE MUHAMMEDKOYA, 24 YEARS, CHERUNALAKATH HOUSE, P.O.CHUNGATHARA, CHUNGATHARA VILLAGE, NILAMBUR TALUK, REPRESENTED BY POWER OF ATTORNEY SMT.SAFIYA. 4. C.N.AJMAL, S/O.LATE MUHAMMEDKOYA, 23 YEARS, CHERUNALAKATH HOUSE, P.O.CHUNGATHARA, CHUNGATHARA VILLAGE, NILAMBUR TALUK. 5. C.N.ADEEP, S/O.LATE MUHAMMEDKOYA, 21 YEARS, DO. DO. 6. C.N.ABUDURAHIMAN, S/O.KUNHIKOYA, 70 YEARS, CHERUNALAKATH HOUSE, P.O.POTHUKAL, NILAMBUR TALUK. 7. FATHIMA, W/O.ABUDURAHIMAN, 68 YEARS, CHERUNALAKATH HOUSE, P.O.POTHUKAL, NILAMBUR TALUK. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT(S): --------------- ** 1. P.G.THANKARAJ, EZHILAKAM, NO.47, ANNA NAGAR, ARIYALUR, TAMIL NADU. **2. T.KARUNAKARAN, S/O.THANGASWAMI, 34 YEARS, MARAVANUR, P.O.ATTUR, ARIYALUR, TAMILNADU STATE. 3. UNITED INDIA INSURANCE CO. LTD., PARAMBALLUR, PARAMBALLUR DISTRICT, ARIYALLUR TALUK, TAMILNADU STATE. ** R1 AND R2 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONERS AS PER ORDER DATED 18.10.2006 IN I.A. 2003/2006. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ----------------------------------------------- M.A.C.A. No. 250 of 2006 --------------------------------------------- Dated, this the 23rd day of November, 2009 J U D G M E N T P.R. Raman, J. Appellants are wife and children and parents of the deceased Muhammad Koya, who died in motor accident on 05.02.2000. The accident occurred when the car in which he was travelling was stopped on the road side, a lorry driven by the second respondent came from behind and dashed against the car as a result Muhammad Koya died. An amount of Rs.5,00,000/- was claimed as compensation. 2. PW1 wife gave evidence, besides Exts.A1 to A5 were marked. The Tribunal found that the negligence on the part of the lorry driver turning to the compensation of an amount of Rs.1,76,500/- was awarded in all under various heads only 6% interest from the date of petition. Appellants contends that compensation awarded is a mistake and claimed further enhancement. 3. Though the income of the deceased was claimed as Rs.6,000/- supported by the evidence of PW1, there was no documentary evidence adduced to prove the income. The Tribunal estimated the income at Rs.1,500/- and deducted 1/3 of the same and only the balance MACA No.250 of 2006 2 was taken for computation in working out of the compensation. We find that even though the income as such pleaded is not proved by any documentary evidence, the fact remains that the deceased was maintaining a family consisting his wife and four children and his age old parents. The accident occurred in 2000. Therefore by no stretch of imagination can the income be estimated below Rs.3,000/-. In the circumstances, we fix the income as Rs.3,000/- and 1/3 if deducted, the balance Rs.2,000/- is taken as the income for the purpose of computation in working out the compensation towards the loss of dependants. Thus while reworking the compensation he will be entitled to get a further sum of Rs.1,50,000/-. For loss of amenities and enjoyment in life, no amount was awarded. We award an amount of Rs.35,000/- towards the same. The Tribunal awarded only 6% interest. We enhanced to 7%. Thus we award an amount of Rs.1,91,000/- by way of an additional compensation. The whole awarded amount including the enhanced compensation will carry interest at the rate of 7% from the date of petition till realisation. The Insurance Company will deposit the amount as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. P.R. RAMAN, JUDGE P. R. RAMACHANDRA MENON, JUDGE dnc