IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 169 of 2005() ---------------------- OPMV.686/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... : APPELLANTS/PETITIONERS: ---------------------------------------- 1. V.SREEDHARAN, S/O. VELAPADHAN, VACHAPPILLIL HOUSE, PUTHUPARIYARAM P.O.,CHITTOOR. 2. C.K.SANTHAKUMARI, W/O. SREEDHARAN, VACHAPPILLIL HOUSE, -DO- -DO-. BY ADV. SRI.P.CHANDY JOSEPH RESPONDENTS: RESPONDENTS: ----------------------------------- 1. A.K.SARASAKSHAN, S/O. KUTTAPPAN, ARACKAL (H), POOCHAPRA KARA, VELLIYAMATTOM VILLAGE 2. P.P.KURIAN, PULIMOOTTIL (H), POOCHAPRA KARA, VELLIYAMATTOM VILLAGE. 3. THE NEW INDIA INSURANCE CO. LTD., PALA. BY ADV. SRI.K.A.SEBASTIAN FOR R1 & R2 SRI.P.A.BAHULEYAN FOR R1 & R2 SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No 169 of 2005 ----------------------------------------- Dated this the 15th day of September, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the death of the only son of the appellants in the motor accident. The Motor Accidents Claims Tribunal found that drivers of both jeeps involved in the accident were negligent and the respective insurance companies are directed to bear their liability in the ratio of 60:40. We do not find any interference is called for in the findings of the Tribunal regarding the negligence and share of liability by the insurance companies in the ratio as stated by the Tribunal. The appellants' claim for compensation towards loss of dependency also does not call for interference because even in the absence of proof of age of the appellants, the Tribunal has applied multiplier 15 which is apparently on the high side. Further, the Tribunal has rightly reckoned the possible marriage which will take place later in the deceased's life. We feel that an amount of Rs. 1,500/- per month as fixed by the Tribunal towards loss of dependency for parents is just and reasonable. Therefore the compensation under this head also does not call for any enhancement. However we feel enhancement is required in the M.A.C.A. No. 169 of 2005 -2- compensation awarded for loss of love and affection because the deceased was the only son of the appellants. We therefore enhance the compensation under this head i.e for loss of love and affection by an amount of Rs.25,000/-. The insurance companies are directed to deposit the said compensation amount in the same ratio as fixed by the Tribunal with interest at the rate of 7 ½ % from the date of application till the date of payment. This appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- ---------------------------- JUDGMENT 21st August, 2008