NATIONAL INSURANCE COMPANY LTD. Vs. K.K. ASSAINAR

JUDGEMENT

(1.) The questions arising for consideration in these matters are common and they are, therefore, disposed of by this common judgment. The questions relate to computation of compensation in cases involving death of children in motor accidents, in terms of the Motor Vehicles Act, 1988 (the Act).

(2.) Before proceeding to formulate and consider the questions, it is necessary to give an outline of the basic facts and the contentions raised by the parties.

(3.) Among the appeals, M.A.C.A. No. 115 of 2016 is one preferred by the insurer in a proceedings for compensation before the Motor Accidents Claims Tribunal and M.A.C.A. No. 1018 of 2016 is by the claimants in the said proceedings. The claimants in the proceedings are the father and elder brother of one Athul Prasad who died in a motor accident on 27.01.2014. Athul Prasad was aged 8 years. Rs. 10,00,000/- was the claim made in the proceedings. As against the said claim, the Tribunal has granted to the claimants Rs. 6,75,000/- by way of compensation. The said sum of Rs. 6,75,000/- includes Rs. 4,80,000/- granted towards loss of dependency. According to the insurer, the compensation granted by the Tribunal under the aforesaid and other heads are excessive and according to the claimants, they are grossly inadequate.