IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1189 of 2005()
1. GOWRI AMMA, W/O. LATE NEELAKANTAN,
... Petitioner
2. JANARDANAN, S/O. LATE NEELAKANTAN,
3. HARIKUMAR, S/O. LATE NEELAKANTAN,
Vs
1. SIDDIKH, S/O. ISMAIL, AGED 29 YEARS,
... Respondent
2. JOHN V. VITHAYATHIL, 33/2173,
3. NATIONAL INSURANCE COMPANY LTD.,
For Petitioner :SMT.S.K.DEVI
For Respondent :SMT.SARAH SALVY
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :03/08/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1189 OF 2005
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Dated this the 3rd day of August 2010
JUDGMENT
Basheer, J.
The mother and brothers of deceased victim of a motor accident have filed
this appeal challenging the inadequacy of the amount of compensation awarded
to them by the Motor Accidents Claims Tribunal. After considering the
documentary evidence available on record, the Tribunal held that the appellants
would be entitled to get a sum of Rs.1,12,300 with 9% interest from the date of
application till the date of realisation. Respondent No.3, insurance company, was
directed to indemnify the owner of the vehicle involved in the accident.
2. It is not in dispute that the deceased was aged 23 years at the time of
the accident and he was a driver by profession. The Tribunal has taken the
monthly income of the deceased as Rs.1,800/-, though it was contended by the
appellants that the deceased was earning Rs.4,500/- per mensem.
3. Having regard to the entire facts and circumstances, we are of the view
that it will be just and proper if the monthly income of the deceased is taken as
Rs.2,500/-. After deducting 1/3rd from the annual income so reckoned and
applying a multiplier of 5 as adopted by the Tribunal, the compensation payable
under the head of loss of dependency will come to Rs.1,00,000/-. The Tribunal
has awarded Rs.10,000/- for loss of love and affection. This is too inadequate in
our view. Therefore, a further sum of Rs.5,000/- is awarded under this head.
Similarly, for pain and suffering the Tribunal has awarded only Rs.5,000/-. This
M.A.C.A.No.1189 OF 2005
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has to be enhanced to Rs.10,000. We do so. The appellants shall not be entitled
to get any enhancement for the amounts awarded under the other heads.
The enhanced amount of Rs.38,000/- (Rupees thirty eight thousand) shall
also carry interest at the rate of 9% payable from the date of petition till the date
of realisation. The amount shall be deposited by the insurance company within
two months from the date of receipt of a copy of this judgment.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes