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 SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 MACA.No. 240 of 2003() ---------------------- OPMV.3603/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS/PETITIONERS 2 TO 4: -------------------------------------------- 1. A. SATHY, AGED 44 YEARS, W/O. LATE MR. SREENIVASAN, PURAYIL HOUSE, P.O. VENGERI, CALICUT-10. 2. A. SABU, AGED 18 YEARS, S/O. LATE MR. SREENIVASAN, PURAYIL HOUSE, P.O. VENGERI, CALICUT-10. 3. AMMU, AGED 88 YEARS, M/O. LATE MR. SREENIVASAN, PURAYIL HOUSE, P.O. VENGERI, CALICUT-10. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1 TO 3: ---------------------------------- 1. V. MUHAMMED HASSAN, S/O. MUHAMMED KUTTY HAJI, 'AMAR', G.H. ROAD, FEROKE, CALICUT. 2. NISHIL KUMAR, AGED 28 YEARS, S/O. GANGADARAN NAIR, THEKKAYIL HOUSE, PADINJATTUMURI AMSOM, MOOTOLI, P.O. KAKKODI, KOZHIKODE. 3. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD., 2ND FLOOR, V.K. BUILDINGS, CHEROOTY ROAD, CALICUT. ADV. SRI.M.RAJAGOPALAN FOR R3 SRI.RAJIT FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 240 OF 2003 -------------------------------------------- Dated this the 23rd day of May, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for death of the son of the first appellant. The second appellant is the only other sibling of the deceased. The third appellant is the grandmother of the deceased. The deceased was at the age of 16 years. The deceased while travelling in a cycle was knocked down by a Bus and the MACT found negligence on the part of the Bus Driver. Consequently, award is passed granting a total compensation of Rs. 1,78,900/- under various heads. Counsel for the appellants contended that the deceased was 16 years at the time of the accident and the compensation awarded is thoroughly inadequate. We find force in this contention because even for the death of very tender children, we have been granting compensation of around Rs. 2 lakhs. It is a settled position that determination of compensation in the case of adolescent is a difficult 2 job as he has neither completed education nor started earning. Further, loss of an adolescent is a great loss to the mother and family. In the circumstances, without going into claims under various head, we refix the compensation at Rs. 2,50,000/- as against Rs. 1,78,900/- fixed by the MACT. The additional compensation of Rs. 71,100/- granted by us will carry interest at the rate of 7.5 per cent per annum from the date of application till date of deposit. The third respondent is directed to make payment of the amount within three months. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3