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 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 828 of 2007() ---------------------- OPMV.122/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANTS/ADDITIONAL PETITIONERS 2 & 3: ------------------------------------------------------ 1. V. RAMADASAN PILLAI, DEEPA BHAVAN, KURIYODE, NETTITHARA, CHADAYAMANGALAM. 2. THANKAMONY -DO- -DO-. BY ADV. SRI.G.UNNIKRISHNON RESPONDENT(S): RESPONDENTS: --------------------------- 1. ANIL K.SEBASTIAN, KOOTTUMEL HOUSE, CONVENT ROAD, CHANGANACHERRY. 2. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD.,DIVISIONAL OFFICE, L.I.C. BUILDING, III FLOOR, RESIDENCY ROAD, CHINNAKKADA, KOLLAM. ADV. SRI.SAJJU.S FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.828 of 2007 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the only son of the appellants at the age of 13. We have heard counsel appearing for the appellants and Standing Counsel appearing for the Insurance Company. It is seen that the deceased who was only 13 years of age at the time of accident, was admitted in the hospital soon after the accident and he was unconscious for two months and continued to be in the hospital for over an year. He died in suffering on the 445th day of the accident without any recovery. Counsel has submitted that the long hospitalisation for more than one year and the treatment led to a cost of above Rs.52,000/- for medicine and hospital expenses. Besides, appellants have suffered personally and have spent for by-stander. Enhancement of compensation is claimed under various heads such as pain and suffering, loss of love and affection, loss of dependency, reimbursement of medical bills, by-stander expenses, 2 transportation etc. We feel enhancement of total compensation will serve the purpose of the appellants. We fix the total expenses including medical expenses, transportation and by-stander expenses at Rs.1 lakh and grant a compensation of Rs.2.5 lakhs for loss of dependency, love and affection and for pain and suffering. The compensation granted by us will be in the place of Rs.2 lakhs awarded by the MACT. The entire compensation of Rs.3.5 lakhs will carry interest at 7.5% p.a. from date of application till date of deposit. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms