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 FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 MACA.No. 875 of 2004() ---------------------- OPMV.1511/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. P.P.THANKU, AGED 55 YEARS, S/O. PYNGATHY, PPCEKKAL HOUSE, VELUPADAM COLONY DESOM, VARANDARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. OMANA W/O. THANKU, DO. DO. 3. GIRISH S/O. THANKU, AGED 33 YEARS, DO. DO. BY ADV. SMT.M.A.VAHEEDA BABU SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): --------------- 1. P.K.KUMARAN S/O.KANDU, POTTAYIL HOUSE, PADARADU P.O., OLLUR, THRISSUR. 2. SUNIL KUMAR, AGED 33 YEARS, S/OP. MADHAVAN, KUNDAYIL HOUSE, PUTHOOR DESOM, P.O.PUTHOOR, THRISSUR. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, THRISSUR. 4. K.V.SASIDHARAN, S/O. VISWANATHAN, KAKKANATTU HOUSE, THALAYOLA PARAMBU. 5. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, THRISSUR. ADV. SRI.LAL GEORGE FOR R5 SRI.A.C.DEVY FOR R1,2 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ALONG WITH MACA NO.868/2004 ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. Nos.875 & 868 of 2004 .................................................................... Dated this the 19th day of June, 2009. JUDGMENT Ramachandran Nair, J. In the connected appeals claim is for enhancement of compensation, one for the death of the 22 year old daughter of the appellants and the other for enhancement of compensation for injuries sustained by the mother of the deceased. In an accident involving a jeep and a bus, two daughters of the appellants 1 and 2 in MACA No.875/2004 aged 22 years and 14 years respectively, died and the second appellant who is the appellant in M.A.C.A. No.868/2004, sustained minor injuries. For the death of the 14 year old daughter, MACT awarded a total compensation of Rs.1,96,500/- against which no appeal is filed by the Insurance Company. However, for the death of 22 year old unmarried girl, total compensation awarded is Rs.1,76,300/- against which MACA 875/2004 is filed. Counsel for the appellants contended that the deceased was conducting a vegetable shop and therefore, the income adopted at Rs.1,200/- is very low. 2 However, Standing Counsel for the Insurance Company submitted that the multiplier adopted is wrong and unrealistic because parents being the claimants, their age should be considered for the purpose of granting compensation. Besides tis, she pointed out that the parents cannot claim permanent dependency on an unmarried girl. We do not think there is any need to consider the multiplier applicable or the number of years for which parents can claim dependency on the unmarried daughter because in the connected case MACT granted compensation of Rs.1,96,500/- for the death of another daughter of the same claimants. It is certainly difficult to estimate the financial loss for parents on account of the death of an unmarried daughter. Certainly if she marries later in life, there will be reduction in dependency. Therefore, we feel fixation of a consolidated amount as compensation will serve the purpose of the appellants. It is to be noted that no compensation is granted for loss of love and affection to the parents of the deceased. Considering all these and the compensation granted in the connected case which is accepted by the Insurance Company, we fix the compensation to the appellants for the death of their daughter aged 22 at Rs.2 lakhs as against Rs.1,77,300/- awarded by the MACT. 3 The additional compensation, however, will carry interest at 7.5% p.a. from date of application till date of payment. 2. So far as the claim for enhancement of compensation in the connected appeal (M.A.C.A. No.868/2004) is concerned, we find that the appellant has not suffered any serious injury or disability. However, she is stated to be mentally unstable probably due to shock and despair on account of loss of two daughters in the same accident. Considering the compensation awarded in the connected case for the death of her daughters and having regard to the claim, we enhance the compensation for injuries sustained by the appellant in M.A.C.A. No.868/2004 by another Rs.10,000/- which will carry interest at 7.5% p.a. from date of application till date of payment. The appeals stand allowed in part as above. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms