IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 537 of 2006() ---------------------- OPMV.421/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANTS/CLAIMANTS: ----------------------------------- 1. NARAYANA SHETTY, AGED 51 YEARS, S/O. SOMAPPA RAI, R/AT PINTOCOMPOUND, P.O. BOLAR, MANGALORE-1. 2. PUSHPPA, AGED 44 YEARS, W/O. NARAYANA SHETTY, R/AT PINTO COMPOUND P.O. BOLAR, MANGALORE-1. 3. PRAMEELA, AGED 23 YEARS, D/O. NAAYANA SHETTY, DO. DO. 4. PRAMOD, AGED 16 YEARS, S/O. NARAYANA SHETTY, DO. DO. (REPRESENTED BY HIS LEGAL GUARDIAN FATHER 1ST APPELLANT). BY ADV. SMT.R.PADMAKUMARI RESPONDENTS/RESPONDENTS: --------------- 1. A.PRASANNAN, AGED 34 YEARS, S/O.A.NARAYANAN, ALIYATH HOUSE, KARINKALLATHANI, PERINTHALMANNA TALUK, MALAPPURAM DIST. 2. K.B.BALAKRISHNAN RAI, S/O.BHANDARI RAI, SRI.NAVA DURGA PRASAD, M.B.ROAD, MANGALORE-7. 3. THE ORIENTAL INSURANCE CO. LTD., CITY BRANCH, KULAYADI BUILDING, HAMPANKATTA, MANGALORE-1. ADV. SRI.K.K.SATHEESH FOR R1 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.537 of 2006 .................................................................... Dated this the 28th day of August, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellants and Standing Counsel for the Insurance Company. Appellants are father, mother, brother and sister of a 15 year old boy who died in a bus accident. Appeal is for enhancement of compensation. While the case of the appellants is that the income estimated is too low, counsel for the Insurance Company pointed out that income is adopted from Second Schedule as the deceased was only 15 years of age. We do not find any justification for modification of compensation on loss of dependency based on the income adopted from the Schedule with the multiplier provided therein. However, we feel appellants are entitled to compensation for loss of love and affection and for pain and suffering for the deceased. Since appellants 1 and 2 lost a son and appellants 3 and 4 lost their brother, we feel compensation for love and affection should be given to all of them. Towards loss of love and affection for all and for pain and suffering, we award an additional compensation of Rs.45,500/- making the total compensation to Rs.2 lakhs. The Insurance Company is 2 directed to deposit additional compensation with interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms