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 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 MACA.No. 497 of 2008 ---------------------- ( OP(MV).925/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM ) APPELLANTS/PETITIONERS: ---------------------------------- 1. T.K.GANGADHARAN, THEKKEDATHU HOUSE, KALLUPURACKAL BHAGOM, VELLOOR KARA, VELLOOR VILLAGE. 2. T. PRASANNA, W/O.T.K.GANGADHARAN, THEKKEDATH HOUSE, KALLUPURACKAL BHAGOM, VELLOOR KARA, DO. VILLAGE. 3. T.G.MEENA, THEKKEDAH HOUSE, KALLUPURACKL BHAGOM, VELLOOR KARA, DO VILLAGE. BY ADV. SRI.K.A.HASHIM RESPONDENTS/RESPONDENTS ------------------------------------ 1. ARUN, ATTIYIL HOUSE, ASHANPADI BHAGOM, KILIROOR KARA, THIRUVARPU. 2. K.K.BABY, KOORKKAKALAYIL HOUSE, CHINGAVANAM P.O., NATTAKOM, KOTTAYAM. 3. THE ORIENTAL INSRANCE CO. LTD., KOTTAYAM. R3 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ............................................................................... M.A.C.A. No. 497 OF 2008 ......................................................................... Dated this the 17th November , 2009 J U D G M E N T P.R. Raman, J: Appellants are the claimants who are the dependants of the deceased Kannan, who met with an accident on 22.12.2002 at about 9.25 a.m. at Kottayam-Thiruvarpu road. The accident occurred when the bus coming from the opposite direction hit against the vehicle ridden by the deceased , knocked down the motor cycle wherein the deceased was travelling as a pillion rider. The appellants are the parents and sister of the deceased Kannan. The accident was found to be as a result of rash and negligent driving of the bus coming from the opposite direction . For working out the compensation, the Tribunal fixed the total future monthly income of the deceased at Rs.4000/- taking into account his future prospects. Even though in the application M.A.C.A. No. 497 OF 2008 2 originally an amount of Rs.2000/- was claimed, subsequently, it was amended to Rs.3000/-. But the evidence adduced would show that he was a part-time employee as Artisan and was earning about Rs.2000/- per month . He was a bright student of the college . Considering his future prospects, the Tribunal rightly fixed the income at Rs.4000/-. But being a bachelor, going by the settled principles, 50% was deducted and the balance was taken for calculating the compensation payable. Taking into consideration the age of the deceased( i.e. 21) and also the age of the mother, the multiplier of '15' was rightly adopted and a total compensation of Rs.3,93,000/- was awarded with interest at the rate of 7% per annum. 2. We have gone through the compensation awarded under various heads. But we find that compensation has been awarded adequately in all heads except compensation for 'loss of love and affection'. Only an amount of Rs.15,000/- was awarded to the appellants under the head 'loss of love and affection, at the rate of Rs.5,000/- each. We find that it is not an adequate compensation under this head. Accordingly, we award M.A.C.A. No. 497 OF 2008 3 a further sum of Rs.15,000/- (Rupees fifteen thousand Only) more under this head. 3. In the result, the appellants are entitled for an amount of Rs.15,000/- (Rupees fifteen thousand only) more by way of additional compensation, which will carry interest at the rate of 7% per annum. It shall be deposited within one month from the date of receipt of a copy of the judgment. M.A.C.A. is disposed of as above. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk