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 THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 MACA.No. 2153 of 2008() ----------------------- OPMV.3203/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ THE UNITED INDIA INSURANCE CO.LTD. DIVISIONAL OFFICE, KOZHIKODE, REPRESENTED BY THE MANAGER, UNITED INDIA INSURANCE CO.LTD. REGIONAL OFFICE, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENT(S): --------------- 1. P.PADMANABHAN,S/O. KRISHNAN NAIR ANUGRAHA, KACHERIKUNNU, MAVOOR P.O. KOZHIKODE DISTRICT. 2. REMADEVI, W/O. P.PADMANABHAN DO...DO...... 3. ANNOP KUMAR P.N.,S/O.P.PADMANABHAN DO...DO...... 4. K.KRISHNAN, S/O.KADUNGI KILIVAYAL HOUSE, IRINGALLOOR P.O.,VENGARA MALAPPURAM DISTRICT. 5. SUDHEER @ SUDHEER KUMAR S/O.KRISNADASAN, SHEEBA NILAYAM NEAR CAREWELL HOSPITAL, RAMANATTUKARA, KOZHIKODE DISTRICT. ADV. SRI.VINOD VALLIKAPPAN FOR R4 SRI.MURALI PURUSHOTHAMAN FOR R1 TO 3 SRI.DEEPU LAL MOHAN FOR R1 TO 3 SMT.LEENA MURALI FOR R1 TO 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.2153 of 2008 .................................................................... Dated this the 5th day of February, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed by the Insurance Company challenging the compensation awarded by the MACT for the death of 17 years old daughter of respondents 1 and 2, third respondent being the only brother of the deceased. The bus in which the deceased was traveling caught fire and she was charred to death. The deceased was aged 17 and was a Plus-Two student at the time of accident. We have heard Standing counsel for the appellant and counsel appearing for the respondents. 2. The MACT fixed the notional income of the deceased at Rs.4,500/- because deceased was found to be a girl of brilliant academic records. However, Standing Counsel for the Insurance Company submitted that deceased being a minor, only notional income of Rs.15,000/- could be adopted. Besides this, he contended that parents cannot depend on a daughter who will eventually be married of. 2 Even though we find force in the contention of the appellant, we still feel parents can also expect dependency from a daughter until her marriage and thereafter also to some extent. Going by the age of the mother of the deceased, the correct multiplier is 15 as against 16 applied by the MACT. We feel an annual net dependency of Rs.20,000/- can be provided to the parents of the deceased. This will entitle them for compensation of Rs.3 lakhs as against Rs.5,76,000/- granted by the MACT. Counsel for the respondents rightly pointed out that compensation granted for pain and suffering and for loss of love and affection are inadequate. This is a case of death of the victim on account of fire in the bus and obviously she had terrible suffering before her death. We, therefore, enhance the compensation for pain and suffering by a further sum of Rs.15,000/-. So far as loss of love and affection is concerned, we find that the deceased was the only daughter of her parents and the only sister of the sole sibling was also an adolescent of 19 years and therefore, we enhance the compensation 3 under this head also by a sum of Rs.15,000/-. Consequently the appeal stands allowed by granting a net reduction in the compensation by Rs.2,46,000/-. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms