IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1280 of 2008() ----------------------- OPMV.1774/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT: ----------------------------------------- THE NATIONAL INSURANCE COMPANY LTD. KOCHI (MATTANCHERRY) BRANCH, SHALIMAR CHAMBERS P.T.JACOB ROAD, KOCHI - 682 005 BY ITS MANAGER MTP CELL, MUTHOOT TOWERS, M.G.ROAD, KOCHI - 682 035. BY ADV. SRI.RAJAN P.KALIYATH SMT.ANUSHA RAMACHANDRAN RESPONDENTS/CLAIMANTS 1 TO 3: ----------------------------- 1. A.M.NAUSHAD, AGED 31 YEARS, F/O.LATE ARSHID NAUSHAD, ARSHID MANZIL, CC 1/1935 (B), YMCA ROAD, FORT COCHIN - 682 001 2. SUHARA NAUSHAD, AGED 31 YEARS, M/O.LATE ARSHID NAUSHAD, -DO- 3. M.M.ASHRIN (MINOR) AGED 9 YEARS, SR/O LATE ARSHID NAUSHAD, REP. BY HER FATHER AND GUARDIAN A.M.NAUSHAD, (FIRST RESPONDENT HEREIN). BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.A.C.A.NO.1280 OF 2008 (E) ----------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T KOSHY,J. This appeal is filed by the Insurance company questioning the quantum of compensation awarded by the tribunal. A child was knocked down by the vehicle insured by the appellant Insurance company. Tribunal awarded a total compensation of Rs.2,39,000/-. It is the contention of the Insurance company that the compensation awarded for loss of dependency is very high. Incident occurred on 11.9.2000. Contention of the claimants is that monthly income for a non-earning person under the 2nd Schedule is Rs.1,250/- (Rs.15,000/- per year). But we note that notional income fixed under the 2nd Schedule is taken only when claims are filed under Section 163 A and is only a guideline when a claim is filed under Section 166. When a claim is filed under Section 163 A, negligence of the driver of the offending vehicle need not be proved. Here being a claim under Section 166, that was proved. Even under Section 163 A, for MACA.1280/08 2 a death of a 12 year old person, Rs.15,000/- is fixed as notional annual income and the loss of dependency comes to Rs.2,00,000/-, by deducting 1/3 rd. Here loss of dependency and compensation granted was only Rs.2,04,000/-. We also note that 2nd Schedule was framed in 1994. The incident happened in 2000. When compensation under Section 166 is calculated, the status of the child also should be taken into account. Deceased was a student in Delta Studies, Fort Cochin. It is one of the prestigious public School in Cochin City. He is the only male child of the claimants. Taking into all these aspects, we are of the opinion that Rs.15,000/- fixed as the annual notional income cannot be termed to be excessive. Tribunal has considered the age of the mother in fixing the multiplier. We are of the opinion that compensation is not excessive so as to warrant interference in an appeal proceedings. Accordingly this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MACA.1280/08 3 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008