IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 247 of 2006() ---------------------- OPMV.1156/1997 of FIRST ADDL. DISTRICT JUDGE/ MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONERS: ------------------ 1. N.P. LATHA, W/O. N.P.SUDHAKARAN, NALUKUDI PARAMBIL HOUSE, VALLAYIL,KALATHILKUNNU AMSOM, DESOM, KOZHIKODE. 2. N.P.SUDHAKARAN, S/O.LATE KRISHNAN, NALUKUDI PARAMBIL HOUSE, VALLAYIL, KALATHILKUNNU AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SRI.P.GOPINATH SRI.C.S.SUNIL SMT.C.G.PREETHA SRI.M.PRAVEESH RESPONDENT(S): RESPONDENTS: ------------------- 1. N.K. BASHEER, S/O. MOHAMMED, NAYIKANDATHIL HOUSE, ARAMBRAM, PADANILAM, KOZHIKODE. (R.C.OWNER OF THE LORRY NO.KL-11/E 3039 2. MUHAMMED BASHEER, NAYIKANDATHIL HOUSE, P.O. ARAMBRAM, PADANILAM, KOZHIKODE. (DRIVER OF THE LORRY NO.KL-11/E 3039, DL.NO.2846/86, BADGE NO.1591/90)(AMENDED AS PER ORDER IN IA.383/98 DATED 27-04-1998). 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD JUN. CALICUT. (POLICY NO.441003/1997/344, CERTIFICATE NO.DK/1567/96). BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A.No. 247 of 2006 ------------------------------- Dated this the 24th November, 2009 J U D G M E N T Raman, J. The appellants are the unfortunate parents of the deceased Nikhil, who died in a motor accident, at the age of 11. The boy was riding the bicycle through the Beach Road and when he reached near Thoppayil School, lorry bearing Registration No.KL-11/E 3039, came in a rash and negligent manner from behind and knocked him down. He sustained injury and he was taken to the Medical College Hospital, and he died on the same day evening. The appellants claimed an amount of Rs.3 lakhs by way of compensation. 2. The third respondent admitted the Policy in favour of the first respondent, but disputed the liability to pay the compensation. Exts.A1 to A3 were marked in the case. There was no oral evidence adduced. The Tribunal found that the MACA.No.247 of 2006 2 accident was as a result of the rash and negligent driving on the part of the second respondent, the driver of the lorry. Since the Policy is admitted, the Insurance Company was directed to indemnify the loss and an amount of Rs.1,58,000/- was awarded by way of compensation with interest at the rate of 6% from the date of the petition till realisation, less the amount of Rs.50,000/- which was already paid under Section 140 of the Motor Vehicles Act. Dissatisfied with the compensation awarded, this appeal has been preferred. 3. We find that, except the dependency benefit and an amount of Rs.5000/- awarded under the head 'loss of Estate', no amount has been awarded under any other heads. In the circumstances, we find that the compensation awarded is inadequate. The appellants are entitled for compensation under the heads, 'loss of affection, pain and suffering and clothing and transportation'. Accordingly, we award a sum of Rs.20,000/- towards 'love and affection'; a sum of Rs.5,000/- towards 'pain and suffering' and also a sum of Rs.1000/- towards 'clothing and MACA.No.247 of 2006 3 transportation', thus, totalling an amount of Rs.26,000/- by way of additional compensation, over and above the compensation already awarded by the Tribunal. 4. Since the interest awarded by the Tribunal is 6%, we increase the same to 7%. The entire compensation including the additional compensation will carry interest at the rate of 7% per annum. The Insurance Company shall deposit the balance amount due, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The said amount shall be drawn in two cheques of equal amount for payment to appellants 1 and 2 respectively. The appeal is allowed in part as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.