IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 1215 of 2004() ----------------------- OPMV.1087/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER. -------------------------------------- 1. OUSEPH @ JOSEPH, S/O.KURIAKOSE, AGED 52 YEARS, R/A. POOKKATTU HOUSE, MEKKADAMPU, VALAKOM VILLAGE. 2. ANNAMMA, W/O.JOSEPH, AGED 48 YEARS, R/A. DO. DO. 3. NOBLE GEORG JOSEPH, S/O.JOSEPH, AGED 15 YEARS, R/A. DO. DO. MINOR REP. BY FATHER JOSEPH S/O.KURIAKOSE POOKKATTU HOUSE, MEKKADAMPU, VALAKOM VILLAGE. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.A.S.BEENU RESPONDENTS: RESPONDENT. ------------------------ 1. PHILIP MATHEW, THAZHAKKATTU HOUSE, EDAPPALLY, KOCHI 24. 2. UNITED INDIA INSURANCE CO.LTD., KERI ESTATE, SHANMUGHAM ROAD, KOCHI. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.1215 of 2004 .................................................................... Dated this the 5th day of August, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellants and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation awarded for death of son of appellants 1 and 2 who was the only brother of third appellant. We feel the compensation awarded for loss of love and affection at Rs.15,000/- is too low because MACT has not considered the loss of only brother of the third appellant. Since the deceased was only 18 years of age and considering the fact that he was one of the two children of appellants 1 and 2 and the only brother of the third appellant, we increase the compensation for loss of love and affection to rupees thirty thousand as against Rs.15,000/- awarded by the MACT. Similarly we do not find any justification for limiting the interest on the award amount from date of award. We, therefore, direct the Insurance Company to deposit compensation including additional compensation with 2 interest at 7.5% p.a. from date of application till date of deposit. The appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms