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 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 214 of 2004() ---------------------- OPMV.675/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): APPELLANTS: ------------------------- 1. KUNHIMOIDI, S/O. IBRAHIM, RESIDING AT MALAPPOIL HOUSE, NOOHAD P.O., VIA. NADAVANNUR, KOZHIKODE. 2. AYISHA UMMA, W/O. KUNHIMOIDI MALAPPOLI HOUSE, NOOHAD P.O., VIA.NADAVANNUR, KOZHIKODE. 3. SHAMNA, AGED 14 (MINOR), DAUGHTER OF KUNHIMOIDI, REPRESENTED BY HER GUARDIAN 1ST APPELLANT-KUNHIMOIDI, MALAPPOIL HOUSE, NOOHAD P.O., VIA. NADAVANNUR, KOZHIKODE. BY ADV. SRI.R.D.SHENOY (SR.) SRI.S.VINOD BHAT RESPONDENT(S): --------------- 1. KANARAN, S/O. KANNAN, PARAPPIL HOUSE, PERAMBRA P.O., KOZHIKODE DISTRICT. 2. BIJU, S/O. KARUNAKARAN NAIR, PARACHALIL HOUSE, MATTANODE, KAYANNA, KOZHIKODE DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, KALLAI ROAD, KOZHIKODE. R2 BY ADV. SRI.SANTHARAM.P R3 BY ADV. SMT.P.K.SANTHAMMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 214 OF 2004 -------------------------------------------- Dated this the 23rd day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of a minor child aged five years. We have heard counsel appearing for the appellants and standing counsel appearing for the insurance company. The total compensation awarded is Rs. 1,70,000/- and out of it Rs. 1.05,000/- represents loss of dependancy. Even though appellants pray for increase in multiplier depending upon the age of the child, standing counsel submitted that multiplier applicable is that of the parents and therefore there is no scope for interference. The decision of the Supreme Court in NEW INDIA ASSURANCE CO.LTD. V. SATENDER, (2006) 4 K.L.T. 974 (SC) also is relied on by counsel for the insurance company to contend that compensation in the case of death of a minor child cannot be determined with any certainity. Counsel for the appellants however specifically pointed out that Rs. 2 10,000/- granted for loss of love and affection is very low because the child who died was the only son of the appellants 1 and 2. We find force in this contention. Besides this, in the case decided by the Supreme Court, the Supreme Court has granted compensation of Rs. 1,80,000/- for the death of a very young child. In the circumstances, and in view of the contentions raised, we increase the total compensation from Rs. 1,70,000/- to Rs. 2 lakhs with direction to the insurance company to deposit the additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3