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 THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 MACA.No. 946 of 2004() ---------------------- OPMV.289/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. KAMALAKSHI, W/O.GANGADHARAN. 2. SNEHARAJ (MINOR), S/O.GANGADHARAN. (MINOR 2ND APPELLANT REPRESENTED BY HIS GUARDIAN MOTHER THE 1ST APPELLANT) BOTH ARE RESIDING AT PALAKKAL HOUSE P.O. MALA, THRITHALA, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): --------------- 1. MOHANAN, RESIDING AT KURUPPATH HOUSE, PATTAMBI, PALAKKAD DISTRICT. 2. RAFEEQ, S/O.MOIDEENKUTTY, RESIDING AT KOPPATH HOUSE, MEZHATHOOR, THRITHALA, PALAKKAD DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, PRANAVAM BUILDINGS, P.O.MELEPATTAMBI, PALAKKAD DISTRICT. ADV. SRI.E.R.VENKATESWARAN FOR R1 SRI.R.SREEHARI FOR R1 DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.946 of 2004 .................................................................... Dated this the 5th day of February, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of son of the first appellant. We have heard counsel for the appellants and Standing Counsel for the Insurance Company. 2. The first contention raised by counsel is against fixation of low income for the deceased. However, Standing Counsel opposed enhancement on the ground that deceased was not well educated nor was he employed on regular basis. In the circumstances, monthly income taken at Rs.1,800/- is quite reasonable. Even though compensation granted for loss of dependency does not require any modification, considering the fact that first appellant is a widow and the other appellant is the only sibling of the deceased who was also a minor, we feel compensation for loss of love and affection granted at Rs.4,000/- is very low. We enhance the compensation under this head by a further sum of Rs.15,000/-. Similarly, since the deceased died 2 only on the next day morning of the date of accident, we grant a further sum of Rs.5,000/- towards compensation for pain and suffering for the deceased. The additional compensation of Rs.20,000/- granted by us will carry interest at 7.5% p.a. from date of application till date of deposit. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms