IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 765 of 2005() ---------------------- OPMV.310/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANTS/PETITONERS. ------------------------------------ 1. RAJU S/O.DANIEL,A GED 29 EYARS, MANIPPIZHINJAL HOUSE, KATTIKULAM P.O. MANANTHAVADY TALUK. 2. SREELATHA, D/O.V.MOHANDAS, AGED 25 YEARS W/O.RAJU, MANIPPIZHINAL HOUSE, KATTIKULAM P.O. MANANTHAVADY TALUK. 3. NEKHA, D/O.RAJU, AGED 1 YEARS, MANIPPIZHINJAL HOUSE, KATTIKULAM P.O. MANANTHAVADY TALUK, PETITIONER NO 3 BEING MINOR REP. BY HER NEXT FRIEND GUARDIAN, FATHER RAJU S/O.DANIEL, MANIPPIZHINJAL HOUSE, KATTIKULAM P.O. MANANTHAVADY TALUK. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) SRI.P.I.GEORGEKUTTY SMT.A.A.GEETHA RESPONDENT(S): RESPONDENTS. --------------------------- 1. RAMADASAN U.V. S/OV.ELAYUDHAN, AGE NOT KNOWN, ULLATTIL HOUSE, PULINJAL, VELLAMUNDA, MANANTHAVADY TALUK, DRIVER OF THE JEEP NO.KL.12/ 4594)D.L. NO. NOT KNOWN. 2. KURIAKOSE, S/O.ULAHANNAN, AGED NOT KNOWN, MUTTATHIL HOUSE, THOTTAMALA VIA, VELLAMUNDA, MANANTHAVADY TALUK, OWER OF THE JEEP NO.KL.12/4594. 3. UNITED INDIA INSURANCE COMAPANY, KALPETTA, POLICYNO. 100306/31/050/11/3735/97 FROM 25-01-1998 TO 24-01-1999. ADV. SRI.RONY J.PALLATH FOR R1 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.765 of 2005 .................................................................... Dated this the 1st day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the appellants and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation for the death of a six year old child in a road accident. Appellants are parents and one sibling of the deceased. The Supreme Court has observed in NEW INDIA ASSURANCE CO. LTD. V. SATENDER (2006(4) KLT 974) that it is difficult to estimate compensation for the death of a minor child. In this case it is seen that the MACT has not considered any compensation for loss of love and affection and for loss of companionship for the surviving child. Decisions cited by counsel for the appellants show varying compensation awarded and in almost all cases it is above Rs.1.5 lakhs. In the circumstances and having regard to the fact that no compensation is awarded for loss of love and affection and for loss of companionship for the surviving child, we enhance the total compensation 2 to Rs.1.5 lakhs with direction to the Insurance Company to deposit the same with interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms