P.T. Vasu vs P.V. Aboo on 14 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1753 of 2008()


1. P.T. VASU,. S/O VELU , AGED 51 YEARS,
                      ...  Petitioner
2. SUSHAMA, W/O VASU,

                        Vs



1. P.V. ABOO, S/O ITHOTTY, AGED 36 YEARS,
                       ...       Respondent

2. THE NEW INDIA ASSURANCE COMPANY LIMITED,

                For Petitioner  :SMT.LATHA PRABHAKARAN

                For Respondent  :SMT.T.C.SOWMIAVATHY

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :14/01/2009

 O R D E R
                     C.N.RAMACHANDRAN NAIR &
                             C.K.ABDUL REHIM, JJ.
                ....................................................................
                           M.A.C.A. No.1753 of 2008
                ....................................................................
                Dated this the 14th day of January, 2009.

                                       JUDGMENT

Ramachandran Nair, J.

Heard counsel for the appellant and Standing Counsel appearing

for the second respondent. Appeal is filed for enhancement of

compensation for the death of a 13 year old child who was the only son

of the appellants. The MACT found negligence on the driver of the

offending vehicle and directed the Insurance Company to pay the

compensation. Therefore, dispute is only on the quantum of

compensation. Counsel submitted that compensation granted under

various heads is very low. We find force in the contention of the

appellants that the compensation awarded for loss of love and affection,

for pain and suffering etc. are very low. Even though it is difficult to

fix compensation for loss of dependency in the case of a minor child,

we feel compensation granted under this head is also low. Considering

all the claims, we enhance the total compensation from Rs.1,66,000/- to

Rs.2 lakhs. The additional compensation granted by us will carry

2

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

C.K.ABDUL REHIM
Judge
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