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 MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 597 of 2004() ---------------------- OPMV.128/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/3RD RESPONDENT: ---------------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, METRO PLAZA, NORTH RAILWAY STATION ROAD, ERNAKULAM. BY ADV. SRI.V.P.K.PANICKER RESPONDENT(S)/PETITIONERS & RESPONDENTS 1 & 2: ---------------------------------- 1. B.K. VIJAYAN, S/O. LATE KUMARAN, KOIPADY KADAPPURAM, KUMBALA POST, KASARAGOD TALUK. 2. THRAMEELA, W/O. B.K. VIJAYAN, KOIPADY KADAPPURAM, KUMBALA POST, KASARAGOD TALUK. 3. V. SHIVARAMAN, S/O. KESHAVA PATALI, KUDUPADAVU HOUSE, KEPU VILLAGE, ADYANADKA, KARNATAKA. 4. S.A. WAHAB, S/O. SHEIK YUSUF, PROP. MEHABOOB TRAVELS, M.G. ROAD, KASARAGOD. ADV. SRI.M.RAMESH CHANDER FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.597 of 2004 ---------------------------------- Dated this the 24th day of August, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Heard the Standing Counsel for the appellant and counsel appearing for the respondent. Eventhough the Standing Counsel for the insurance company pointed out that multiplier of 20 adopted for death of an 8 year old child in a claim under Section 163A is incorrect, and we find force in this contention, we still feel that there is no justification in reducing the total compensation of Rs.2,04,500/- granted for the death of the child of the respondents, who was a school going child of 8 years age. However, we feel that the rate of interest allowed by the MACT is on the higher side. We therefore reduce the rate of interest from 9% to 7.5%, which will be applicable from the date of the claim petition till deposit. The appeal is allowed in part and the award is modified to the above extent. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb