IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 MACA.No. 1008 of 2005() ----------------------- OPMV.947/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER & 4TH RESPONDENT. ---------------------------------------------------- 1. KADEEJA, W/O.VADAKKETHIL KUNHIMOHAMMED (LATE), VADAKKETHIL HOUSE, KIZHAKKETHALA, PANDIKKAD ROAD, P.O.MANJERI 676 121. MALAPPURAM DISTRICT. 2. SAINABA, D/O.VADAKKETHIL KUNHIMOHAMMED (LATE), DO. DO. 3. KUNHUMOIDEEN, S/O.VADAKKETHIL KUNHIMOHAMMED (LATE), DO. DO. 4. ALI, S/O.VADAKKETHIL KUNHIMOHAMMED (LATE), DO. DO. 5. RUKKIYA, D/O.VADAKKETHIL KUNHIMOHAMMED (LATE), DO. DO. 6. THITHEEMA, D/O.VADAKKETHIL KUNHIMOHAMMED (LATE), DO. DO. 7. MOOSA, S/O.VADAKKETHIL KUNHIMOHAMMED (LATE) DO. DO. 8. IBRAHIM, S/O.VADAKKETHIL KUNHIMOHAMMED, (LATE) DO. DO. 9. KASIM, S/O.VADAKKETHIL KUNHIMOHAMMED (LATE), DO. DO. 10. UMMUSALAM, D/O.VADAKKETHIL KUNHIMOHAMMED (LATE), DO. DO. 11. HASEENA, MINOR REP. BY GUARDIAN/MOTHER IST APPELLANT KADEEJA. 12. FATHIMA, D/O.VADAKKETHIL KUNHIMOHAMMED (LATE), VADAKKETHIL HOUSE, KIZHAKKETHALA, PANDIKKAD ROAD, P.O,.MANJERI 676 121, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): 3RD RESPONDENT. ------------------------------ THE NATIONAL INSURANCE CO.LTD./, BRANCH OFFICE, PANDIKKAD ROAD, KORAMBAYIL ARCADE P .O. MANJERI, MALAPPURAM DISTRICT. ADV. SMT.SARAH SALVY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... M.A.C.A. No.1008 of 2005 .................................................................... Dated this the 26th day of March, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of son of the first appellant in a road accident. Accident and liability are admitted and it is a matter of considering enhancement of compensation only. It is seen that the total compensation awarded for the death of a 22 year old man is only Rs.83,000/-. MACT has not given reasons for granting such a low amount of compensation. We feel there are even mistakes in the computation of compensation for loss of dependency for the mother of the deceased. Considering the claims under various heads and since this court has granted compensation even for the death of a minor child at Rs.2 lakhs, we feel a consolidated increase in compensation will serve the ends of justice. We, therefore, allow the appeal by enhancing the total compensation from Rs.83,000/- to Rs.2 lakhs with direction to the Insurance 2 Company to pay the additional compensation amount with interest at 7.5% p.a. from date of application till date of payment. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms