IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 MACA.No. 86 of 2004() --------------------- OPMV.442/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., KOLLAM. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANMTS AND RESPONDENTS 1,4 AND 6 --------------------------------------------------- 1. K.SATHYAN S/O. KUTTAN PILLAI, TEMPARA PUTHEN VEEDU, THACHIRAZHIKATHU, THEVALAPPURAM POST, PUTHOOR, KOLLAM. 2. RADHAMANY W/O. SATHYAN, DO.DO. 3. A.BALACHANDRAN, PARTNER, SAMCOS, SAKTHIKULANGARA, KOLLAM. 4. THE PRESIDENT, TWO AND THREE WHEELERS MECHANICAL WORKERS CO-OPERATIVE SOCIETY LTD., NO.981, UMAYANALLOOR POST, KOLLAM. 5. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., KOLLAM. ADV. SRI.J.HARIKUMAR FOR R1 & R2 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 86 OF 2004 -------------------------------------------- Dated this the 21st day of August, 2009 JUDGMENT Abdul Rehim, J. The second respondent-insurance company before the Tribunal is in appeal challenging the quantum of compensation awarded. The case relates to death of a child aged 4 years, The Tribunal had awarded total compensation of Rs. 2 lakhs. 2. Heard Sri. Rajan P Kalliyath, learned counsel appearing for the appellant-insurance company and Sri. J. Harikumar, learned counsel appearing for the claimant-respondent. From the evidence it is revealed that the deceased child was aged 4 years, and it was the only child of the parents. The Tribunal relying on some decision of this Court and considering the structured formula under Section 163A of the Motor Vehicles Act, found that the minimum compensation which can be granted in that case on absolute terms is Rs. 2 lakhs. 3. We do not find any convincing reason to interfere with the award for reducing the quantum of compensation. The appeal therefore 2 deserves no merit and is accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3