IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD DECEMBER 2007 / 12TH AGRAHAYANA 1929 MFA.No. 1183 of 2002 ( O.P.(MV)972/96 OF THE MACT, MANJERI) ---------------------- APPELLANT: PETITIONERS 2 TO 9 ----------------------------- 1. NEDUMPALLY NAFEESA, AGED 41 YEARS W/O. ASSANKUTTY, VALIYAPEEDIYAKKAL HOUSE, PANNIPPARA P.O., EDAVANNA(VIA), MALAPPURAM DIST. 2. SAJEENA AGED 22 YEARS, D/O. ASSANKUTTY, DO. DO. 3. MOHAMMED ASHRAF, AGED 19 YEARS, S/O. ASSANKUTTY, DO. 4. MOHAMMED SHERIF, AGED 17 YEARS (MINOR) S/O. ASSANKUTTY, DO. 5. MOHAMMED SALEEM, AGED 15 YEARS (MINOR) S/O. ASSANKUTY, DO. 6. SHAHIRA, AGED 9 YEARS (MINOR) D/O.ASSANKUTTY, DO. 7. VALIYAPEEDIYEKKAL UNNIMAMMEDAJI, AGED 64 YEARS, S/O. JAMALUDHEEN HAJI, DO. 8. VALIYAPEEDIYEKKAL ABDUL KAREM, AGED 42 YEARS S/O. JAMALUDHEEN HAJI, DO. (APPELLANTS 4 TO 6 ARE MINORS AND THEY ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN NEDUMPALLY NAFESSA THE 1ST APPELLANT HERIN) BY ADV. SRI.AVM.SALAHUDIN MFA.NO.1183/02 2 RESPONDENTS: RESPONDENTS ------------------------ 1. ABDUL VAHAB S/O. HAMAZA, POTHUKAL, BHOOTHANAM, ERNAD TALUK, MALAPPURAM DISTRICT (DRIVER OF PICK UP VAN KL-9/218) 2. M.K.EAPEN @ ACHANKUNJU S/O APPACHAN, MANNIL HOUSE, POTHUKAL, BHOOTHANAM, ERNAD TALUK, MALAPPURAM DISTRICT (OWNER OF PICK UP VAN KL-9/218) 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MALAPPURAM. BY ADV. SRI.BABU S. NAIR ADV.SRI.P.K.SANTHAMMA THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S.RADHAKRISHNAN & T.R.RAMACHANDRAN NAIR, JJ. --------------------------------- M.F.A.No.1183 of 2002 ------------------------------------ Dated this the 3rd day of December, 2007 JUDGMENT Radhakrishnan, J. An amount of Rs. 10,000/- was awarded by the Tribunal as compensation for loss of consortium. Considering the age of the deceased, we are inclined to grant an additional amount of Rs. 10,000/- as compensation for loss of consortium. No amount was grated by the Tribunal for love and affection. Claimants are the wife and 5 minor children. In such circumstances, an amount of Rs. 20,000/- is granted for love and affection. Consequently, the appellants are entitled to a total additional compensation of Rs. 30,000/- ( Rupees thirty thousand) which would carry interest at the rate of 7.5% from the date of petition till the date of payment. K.S.RADHAKRISHNAN JUDGE T.R.RAMACHANDRAN NAIR JUDGE sv.