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 THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 MACA.No. 2808 of 2008() ----------------------- OPMV.1659/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONERS ------------------------- 1. RAIHANA, AGED 35 YEARS, W/O.LATE YOUSUF ALI @ BAVA. 2. RUBAYYAH, AGED 16 YEARS, S/O.LATE YOUSUF ALI @ BAVA (MINOR) 3. RISWANA, AGED 12 YEARS, D/O.LATE YOUSUF ALI @ BAVA (MINOR) 4. RANNA, AGED 8 YEARS, D/O.YOUSUF ALI @ BAVA (MINOR) 5. MOIDEEN HAJI, AGED 75 YEARS, S/O.KUMMU HAJI (LATE) 6. PULLAN UMMUKULSU, AGED 64 YEARS, W/O.MOIDEEN HAJI, MINOR APPELLANTS ARE REPRESENTED BY GUARDIAN MOTHER IST APPELLANT) ALL ARE RESIDING AT PARAMMAL HOUSE, VAZHIKKADAVU POST, NILAMBUR TALUK, MALAPPURAM DT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ----------------------------- THE NEW INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, MALAPPURAM. ADV. SRI.N.S.MOHAMMED USMAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 2808 OF 2008 -------------------------------------------- Dated this the 15th day of January, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellants and standing counsel appearing for the insurance company. Even though counsel for the appellants prayed for enhancement of compensation for loss of dependency, standing counsel for the insurance company opposed the same stating that petroleum business on death of the deceased is handed over by the company to his wife. Therefore according to her, there is no loss of business as such on account of death of the deceased husband of the first appellant. We find force in this contention because even though death may affect the management of business and reduction in earning, still business is continued by the first appellant. Further income taken for the deceased is quite reasonable and so much so, there is no scope for enhancement of compensation for loss of dependency. However, considering the age of the first appellant and that of the minor children, 2 we feel compensation awarded for loss of consortium and love and affection is low. We therefore enhance the compensation under these two heads by a consolidated amount of Rs. 15,000/- which will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3