IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 MACA.No. 1189 of 2007() ----------------------- OPMV.2199/1998 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV): --------------------------------------------------------- DEVAKI, W/O. LATE KRISHNAN, AGED 70 YRS, RESIDING AT MANAKKAL HOUSE, 24/935 A, KALOOR ROAD, MANKAVU P.O., KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------------------------ 1. M/S. ANAND BUS TRANSPORT, 5-CO-OPERATIVE COLONY, METTUPALAYAM P.O., TAMIL NADU. (OWNER OF THE BUS NO.TN-38/Z 9299). 2. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, BANK ROAD, COIMBATORE-18. (INSURER OF THE BUS NO.TN-38-Z-9299). 3. T.S.SATHISHKUMAR, RESIDING AT SIVALAYAM, DEVI NAGAR, BILATHIKULAM P.O., ERANHIPALAM, KOZHIKODE. (OWNER OF THE TATA SUMO NO.KL-11/F 7376). 4. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, KOZHIKODE-1. (INSURER OF THE TATA SUMO NO.KL-11/F 7376). ADV. SRI.P.JAYASANKAR FOR R2 SRI.A.R.GEORGE FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1189 OF 2007 ===================== Dated this the 22nd day of August 2008 JUDGMENT This appeal is preferred against the award of the Addl. Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.2199 of 1998. A 13 year old student Nikhil died in a road accident along with his parents. The grand mother is the claimant. The Tribunal, considering the age of the boy took the income at Rs.15,000/-, applied a multiplier of 8, deducted 1/3 for the personal expenses and granted Rs.80,000/- towards loss of dependency. The Tribunal awarded Rs.3,000/- for funeral expenses and Rs.5,000/- towards loss of estate. It is a petition under Section 166 of the Motor Vehicles Act. I find that the Tribunal has not given any amount for pain and suffering as well as for loss of love and affection. This Court has held that even in a case of instantaneous death, an amount of Rs.5,000/- can be granted for pain and suffering. Therefore, I grant Rs.5,000/- under that head. Towards loss of love and affection, I grant her another Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.8,000/-. MACA 1189/2007 -:2:- MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,000/- with 6% interest on the said sum from the date of petition till realisation. The United India Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-