IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 244 of 2005() ---------------------- OPMV.1936/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONERS ------------------------- 1. P.V.SASIDHARAN, S/O.T.V.K.KURUP, ACHIATTIL HOUSE, NEAR VAADIYILPEEDIKA, P.O.ERANHOLI, THALASSERY-7. 2. K.K.JALAJA, W/O.SASIDHARAN, ACHIATTIL HOUSE, NEAR VADIYILPEEDIKA, P.O. ERANHOLI, THALASSERY-7. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT NO.3 ------------------------------ UNITED INDIA INSURANCE CO LTD., KANNUR. ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.244 of 2005 .................................................................... Dated this the 13th day of November, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the death of an 11 year old child of the appellants. It is stated that the deceased was the only son of the appellants who are granted a total compensation of Rs.1,21,000/- by the MACT. Counsel for the Insurance Company opposed enhancement of compensation for the reason that for a child compensation has to be reckoned by taking a lower multiplier and by taking into account uncertainties in life and possible marriage later in life. Even though in principle we agree with these contentions, we feel enhancement is called for in this case because the total compensation awarded for the death of the sole son of the appellants is only Rs.1,21,000/-. The loss is not mere loss of dependency, but is loss of love and affection for life. Considering all these, we enhance the total compensation to Rs.2 lakhs. The additional compensation granted by us will carry interest at the rate of 2 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms