THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23.10.2026, THE COURT ON 11.11.2026 DELIVERED THE FOLLOWING:

JUDGMENT

This appeal has been filed by the claimants, who are the legal representatives of the deceased minor, Megha.S.Nair, in O.P. (MV) No.14 of 2008 on the files of the Motor Accidents Claims Tribunal, Neyyattinkara, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

According to the claimants, on 07.04.2007, while the deceased child, aged 03 years, was travelling in an autorickshaw bearing Reg.No.KL-01-S-7635 from Thiruvananthapuram to Keezharoor, a maruti car bearing Reg.No.KL-4-D-4752 owned by the first respondent in a rash and negligent manner hit the autorickshaw, whereby, the deceased child sustained grievous injuries and subsequently succumbed to the same. The claimants, who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of `3,00,000/-.

The first respondent/owner of the offending car filed a written statement denying negligence of the car driver. The 2nd respondent/insurer filed a written statement admitting the insurance policy but disputing the quantum of compensation claimed and denying negligence. Before the tribunal, Exts.A1 to A6 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a total compensation of `2,26,500/- with interest @ 9% per annum against the second respondent insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants, who are the legal heirs of the deceased child, have come up in appeal.

Heard the learned counsel for the appellants and the learned Standing Counsel for the second respondent/insurer.

The learned counsel for the appellants submitted that the tribunal had only awarded a total compensation of `2,26,500/- for the minor child, who was aged three years at the time of the accident. The learned counsel further submitted that since the deceased was a minor, aged only 03 years, the tribunal erred in not following the judgment in Kusmi Devi v. Md.Kasim [(2023) KHC 5362], for awarding compensation, wherein the apex court had granted a consolidated amount of `6,00,000/- as global compensation for the death of a minor aged three years. I find force in the said argument. Following the judgment in Kusmi Devi (supra), I find it appropriate to fix the total compensation at `6,00,000/-. Since the tribunal has awarded only an amount of `2,26,500/- as total compensation, after deducting the same, there will be an additional amount of ₹3,73,500/- with interest and costs. Since the appeal is of the year 2016, I find it reasonable to fix the interest @7% per annum on the enhanced amount.

Accordingly, the appeal is allowed in part and the appellants/claimants are awarded an additional compensation of ₹3,73,500/- (Rupees Three Lakh Seventy Three Thousand Five Hundred only) over and above the compensation awarded by the tribunal with interest @7% per annum from the date of petition till realization and proportionate costs. The respondent insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The claimants shall furnish copies of the PAN Card, ADHAAR Card and bank details before the respondent insurer within a period of one month so as to enable the respondent insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the tribunal. Upon such deposit being made, the entire amount shall be disbursed to the appellants/claimants at the earliest in accordance with law. However, it is made clear that the enhanced compensation will not carry interest for a period of delay of 183 days in filing the appeal. The ratio adopted by the tribunal has to follow as