IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 247 of 2006()
1. N.P. LAHA, W/O. N.P.SUDHAKARAN,
... Petitioner
2. N.P.SUDHAKARAN, S/O.LATE KRISHNAN,
Vs
1. N.K. BASHEER, S/O. MOHAMMED,
... Respondent
2. MUHAMMED BASHEER,
3. THE ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :24/11/2009
O R D E R
P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ.
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M.A.C.A.No. 247 of 2006
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Dated this the 24th November, 2009
J U D G M E N T
Raman, J.
The appellants are the unfortunate parents of the
deceased Nikhil, who died in a motor accident, at the age of 11.
The boy was riding the bicycle through the Beach Road and when
he reached near Thoppayil School, lorry bearing Registration
No.KL-11/E 3039, came in a rash and negligent manner from
behind and knocked him down. He sustained injury and he was
taken to the Medical College Hospital, and he died on the same
day evening. The appellants claimed an amount of Rs.3 lakhs by
way of compensation.
2. The third respondent admitted the Policy in
favour of the first respondent, but disputed the liability to pay
the compensation. Exts.A1 to A3 were marked in the case.
There was no oral evidence adduced. The Tribunal found that the
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2
accident was as a result of the rash and negligent driving on the
part of the second respondent, the driver of the lorry. Since the
Policy is admitted, the Insurance Company was directed to
indemnify the loss and an amount of Rs.1,58,000/- was awarded
by way of compensation with interest at the rate of 6% from the
date of the petition till realisation, less the amount of Rs.50,000/-
which was already paid under Section 140 of the Motor Vehicles
Act. Dissatisfied with the compensation awarded, this appeal has
been preferred.
3. We find that, except the dependency benefit and
an amount of Rs.5000/- awarded under the head ‘loss of Estate’,
no amount has been awarded under any other heads. In the
circumstances, we find that the compensation awarded is
inadequate. The appellants are entitled for compensation under
the heads, ‘loss of affection, pain and suffering and clothing and
transportation’. Accordingly, we award a sum of Rs.20,000/-
towards ‘love and affection’; a sum of Rs.5,000/- towards ‘pain
and suffering’ and also a sum of Rs.1000/- towards ‘clothing and
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3
transportation’, thus, totalling an amount of Rs.26,000/- by way
of additional compensation, over and above the compensation
already awarded by the Tribunal.
4. Since the interest awarded by the Tribunal is 6%,
we increase the same to 7%. The entire compensation including
the additional compensation will carry interest at the rate of 7%
per annum. The Insurance Company shall deposit the balance
amount due, as expeditiously as possible, at any rate, within a
period of two months from the date of receipt of a copy of this
judgment. The said amount shall be drawn in two cheques of
equal amount for payment to appellants 1 and 2 respectively.
The appeal is allowed in part as above.
P.R.RAMAN, JUDGE
P.R.RAMACHANDRA MENON, JUDGE.
nj.