The main legal point established in the judgment is the application of legal precedents and principles laid down by the Apex Court to enhance compensation for various heads of damages in a motor accident claim.

JUDGMENT :

P.N. Ravindran. J.

1. M.A.C.A.No.487 of 2012 arise from the award passed by the Motor Accidents Claims Tribunal, Perumbavoor on 28.10.2011 in O.P.(M.V)No.1671 of 2006. M.A.C.A.No.547 of 2012 arises from the award passed by the Motor Accidents Claims Tribunal, Perumbavoor on 28.10.2011 in O.P.(M.V)No.1672 of 2006. The appellants in M.A.C.A.No.487 of 2012 are the claimants in O.P.(M.V)No.1671 of 2006 and the appellants in M.A.C.A.No.547 of 2012 are the claimants in O.P.(M.V)No.1672 of 2006. By a common award passed on 28.10.2011, the Motor Accidents Claims Tribunal awarded the sum of Rs.3,84,750/- as compensation to both sets of claimants and directed the third respondent insurer or deposit the said sum together with interest at 8% per annum from the date of petition till the date of deposit along with proportionate costs. The claimants have, dissatisfied with the quantum of compensation awarded by the Tribunal, field these appeals.

2. The appellants in M.A.C.A.No.487 of 2012 are the father mother and sister of late Anish Sudhakaran, a fourth semester B.Tech degree student of SCMS College of Engineering and Technology, Karukkutty. The appellants in M.A.C.A.No.547 of 2012 are the father, mother and sister respectively of late Yadu Krishnan yet another fourth semester B.Tech student of the above mentioned college. Late Anish Sudhakaran and late Yadu Krishnan were travelling in the motor car being No. KL 07 AJ 0983 along with their class mate Avilesh Jain, another fourth semester B.Tech degree student of the very same collage. The car in which they were travelling fell into a canal on account of the rash and negligent driving by the driver of the car and in that accident all the three students drowned to death. The driver of the car Mohammed Sadiq Nasar who was also a student of the very same engineering college also died in that accident. The motor car in which the aforesaid four students were travelling belonged herein, the second respondent in the claim petition, was the insurer of the motor car. The parents of the driver of the car were joined as additional respondents 3 and 4 in the claim petitions. The owner of the care as also the parents of the deceased driver were absent and they were set ex-parte.

3. The respondent insurer alone entered appearance and filed a written statement wherein the main contention raised was that the passengers in the motor car were not covered by the policy of insurance issued by it. Before the Motor Accident Claims Tribunal no oral evidence was adduced on either side. However on the side of the claimants Exts. A1 to A20 were produced marked. The Motor Accident Claims Tribunal considered the rival contentions and held that the accident took place on account of the rash and negligent driving of the motor car wherein the deceased students were undergoing the B.Tech degree course, the Tribunal fixed their notional income at Rs. 4,000/- and taking into account the age of the mother, awarded the sum of Rs.3, 12,000/- as compensation under the head loss of dependency. The Tribunal also awarded the sum of Rs.2,500/- towards transport to hospital, Rs.2,500/- towards funeral expenses, Rs.250/- towards damage to clothing, Rs.5,000/- towards pain and suffering, Rs.2,500/- towards loss to the estate, Rs.1,000/- towards loss of love and affection and Rs. 50,000/- towards loss of future prospects, in all aggregation to Rs.3,84,750/-. The claimants have , as stated earlier field these appeals, dissatisfied with the quantum of compensation awarded by the Tribunal.

4. We heard Smt. Anupama Jhony, learned counsel appearing for the appellants, Sri.Viju Thomas, learned counsel for the sole respondent in M.A.C.A.Nos.487 of 2012 and Sri. P Jayasankar, learned counsel for the sole respondent in M.A.C.A.Nos.547 of 2012. We have also gone through the pleadings and the materials on record. The accident in the instant case took place on 10.03.2006. The deceased students were undergoing the fourth semester B.Tech degre