IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 313 of 2010()
1. UNITED INDIA INSURANCE CO. LTD.,
... Petitioner
Vs
1. VARKEY THOMAS,
... Respondent
2. GEORGE THOMAS,
3. JOSE THOMAS, S/O. THOMAS,
4. TOMY THOMAS, S/O. THOMAS,
5. JAMES THOMAS @ DAVIS THOMAS,
6. DENSKUTTY THOMAS, S/O. THOMAS,
7. SALOMY THOMAS, D/O. THOMAS,
8. REJIMON THOMAS, S/O. THOMAS,
9. ABHILASH, S/O. GOPALAKRISHNAN,
For Petitioner :SRI.P.V.JYOTHI PRASAD
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :11/02/2010
O R D E R
A. K. Basheer & P.Q. Barkath Ali, JJ.
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M.A.C.A. No. 313 of 2010
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Dated this the 11th day of February, 2010.
Judgment
Basheer, J:
This appeal is directed against the award passed by the Motor
Accidents Claims Tribunal in favour of the legal heirs of a
deceased lady aged 75. Her husband and 7 children filed the Claim
Petition seeking a compensation of Rs.4 lakhs. The Tribunal
passed an award for a sum of Rs.1,73,000/- with interest at the
rate of 9% per annum from the date of petition viz., October 4,
2007 till the date of realisation. A sum of Rs.3660/- was awarded
as cost also.
2. Sri.Jyothiprasad, learned counsel for the appellant submits
that the Tribunal committed serious illegality in computing the
compensation under the head of loss of dependency and loss of
love and affection. It is pointed out by the learned counsel that the
deceased lady was 75 and her husband was admittedly 80. All her
children were grown up and there was nothing on record to indicate
that any one of them was dependant on the deceased lady.
3. There may be some force in the above contention raised
by the appellant. But still, in our view, considering the large
family of the deceased lady, the amount awarded by the Tribunal
IA.398/2010
in FAO.7/2010. : 2 :
cannot be termed exorbitant.
4. It need not be reiterated that human life is precious; and
even if the person who meets such a tragic end is quite old, it
cannot be said that his/her life has to be treated as worthless. No
loss of life can be compensated with money, but still when the
loss is to be computed in monetary terms, such computation should
not be ridiculously low.
5. Having carefully considered the award in this case, we do
no find any reason to interfere with it.
Therefore the appeal is dismissed.
A.K. Basheer
Judge
P.Q. Barkath Ali
Judge.
an.