IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 M.F.A.No. 1526 of 2001() ----------------------- AGAINST THE AWARD DATED 16/02/2001 IN O.P(MV)NO.1031/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA. .................... APPELLANT/1ST RESPONDENT: ------------------------- DR. JAYALALITHA TRANSPORT CORPORATION, NOW KNOWN AS STATE EXPRESS TRANSPORT CORPORATION, (TAMILNADU DIVISION-11) LTD., CHENNAI, REPRESENTED BY GENERAL MANAGER. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS/APPLICANT AND 2ND RESPONDENT: ----------------------------------------- 1. MASTER A. AJESH KUMAR ALIAS SREEKANTAN(MINOR), REPRESENTED BY M. AMBILI, S/O.MANIYAN, VILAYIL VILAKATHU KADAYARA VEEDU, BHAGAVATHINADA P.O., VEDIVACHA COIL, THIRUVANANTHAPURAM. 2. PICHAMANI, S/O.VELUMUTHU, ANNAIKKUDI GRAMOM, ACHAPAITHI DESOM, VADIPETTY TALUK,MADHURA DISTRICT(DRIVER) BY ADV. SRI.B.JAYASURYA - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A.No. 1526 / 2001 ORDER ON C.M.P. NO.9766 OF 2001 IN M.F.A.NO.1526 OF 2001 DISMISSED SD/- 31/07/2008 M.N.KRISHNAN,JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N.KRISHNAN, J. -------------------------- M.F.A. No. 1526 OF 2001 --------------------- Dated this the 31st day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Neyyattinkara, in OP(MV) 1031/95. The claimant, a minor aged 8 years, sustained injuries in a road accident on account of which he had sustained fracture of the leg and the Tribunal had awarded him a compensation of Rs.40,940/-. 2. The appellant has challenged the finding of the Tribunal both under the head of negligence as well as quantum. So far as negligence is concerned, being a boy aged 8 years it may not be correct to attribute contributory negligence on his part. Therefore the said contention is not accepted. The next question is regarding the quantum. I had perused the award of the Tribunal. The Tribunal had taken the income at Rs.1,800/- per month and applied a multiplier of 18 to fix the compensation. Since the boy was aged only 8 years, it is safe to take the notional income in such cases and award him the amount under the loss of amenities and enjoyment in life. When notional income of Rs.15,000/- is taken, the appropriate multiplier MFA No.1526/01 2 under the schedule is 15. The loss of earning would come to Rs.750/- (15,000 x 5%) which when multiplied by 15 would come to Rs.11,250/-. The Tribunal has awarded the compensation of Rs.19,440/-. When Rs.11,250/- is deducted from the same, the excess compensation awarded under that head comes to Rs.8,190/-. Over and above this, the Tribunal has awarded Rs.8,000/- towards loss of amenities and enjoyment in life, which also appears to be on the higher side. I deduct Rs.2,000/- under that head. On all other heads the compensation is retained. Therefore there will be a deduction of Rs.10,190/-. It is also contended that the interest rate awarded is 9%. I feel taking the present set up it can be 7.5%. In the result, the MFA is partly allowed and the claimant is awarded a compensation of Rs.30,750/- (40,940-10,190) with 7.5% interest on the said sum from 27.11.95 till realisation. Regarding mode of deposit, the award of the Tribunal is maintained. M.N.KRISHNAN, JUDGE vps MFA No.1526/01 3