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 WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 MACA.No. 1753 of 2008() ----------------------- OPMV.3740/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS/PETITIONERS IN THE OP (MV) --------------------------------------------------- 1. P.T. VASU,. S/O VELU , AGED 51 YEARS, 2. SUSHAMA, W/O VASU, BOTH ARE RESIDING AT POOKOTTU THADAYIL HOUSE, P.O. MANASSERY, VIA MUKKAM,KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): --------------- 1. P.V. ABOO, S/O ITHOTTY, AGED 36 YEARS, RESIDING AT PULLONICHALIL HOUSE, P.O. PADANILAM, KUNNAMANGALAM, KOZHIKODE. 2. THE NEW INDIA ASSURANCE COMPANY LIMITED, SHAFEER COMPLEX, 6/975 D, OPP. YMCA, KANNUR ROAD, KOZHIKODE. ADV. SMT.T.C.SOWMIAVATHY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1753 of 2008 .................................................................... Dated this the 14th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the second respondent. Appeal is filed for enhancement of compensation for the death of a 13 year old child who was the only son of the appellants. The MACT found negligence on the driver of the offending vehicle and directed the Insurance Company to pay the compensation. Therefore, dispute is only on the quantum of compensation. Counsel submitted that compensation granted under various heads is very low. We find force in the contention of the appellants that the compensation awarded for loss of love and affection, for pain and suffering etc. are very low. Even though it is difficult to fix compensation for loss of dependency in the case of a minor child, we feel compensation granted under this head is also low. Considering all the claims, we enhance the total compensation from Rs.1,66,000/- to Rs.2 lakhs. The additional compensation granted by us will carry 2 interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms