JUDGMENT

[MACA Nos.2551/2016, 3285/2016]

These Appeals have been filed against the same Award of the Motor Accidents Claims Tribunal, Kozhikode (hereinafter referred to as ‘the Tribunal’ for short), in OP(MV) No.1851/2014.

2. While MACA No.2551/2016 has been filed by the claimants; MACA No.3285/2016 has been filed by the Insurance Company.

3. The claimants are the legal heirs of Mubashira, who unfortunately died in a road accident on 17.07.2014, while the mini bus in which she was travelling, capsized on account of the rash and negligent driving of its driver.

4. There is no contest regarding the facts involved in this case; but the Insurance Company contends that the compensation awarded by the Tribunal is in excess; while the claimants argue to the contrary and seek enhancement.

5. Sri.P.Jacob Mathew – learned Senior Counsel, instructed by Smt.Preethy Nair, learned counsel appearing for the Insurance Company, argued that the learned Tribunal has erred in granting compensation under the head ‘Loss of Love and Affection’ to the extent of Rs.50,000/- each to the claimants, while no such should have been granted at all. However, he conceded – to a pointed question from this Court – that th