IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No.526 of 2004 (D) ------------------------------ OPMV.1574/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANTS/PETITIONERS -------------------------------- 1. GOPALAKRISHNA PILLAI, S/O. KESAVA PILLAI LEENAVILASOM, POREDAM, CHADAYAMANGALAM, KOLLAM DISTRICT. 2. LALITHAMMA, W/O. GOPALAKRISHNA PILLAI, LEENAVILASOM, POREDAM, CHADAYAMANGALAM, KOLLAM DISTRICT. 3. LEENAKUMARY (MINOR) D/O. GOPALAKRISHNA PILLAI, LEENAVILASOM, POREDAM, CHADAYAMANGALAM, KOLLAM DISTRICT. (1ST APPELLANT IS FILING THIS APPEAL FOR HIMSELF AND FOR AND ON BEHALF OF 3RD APPELLANT WHO IS A MINOR) BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENTS: RESPONDENTS ------------------------------------ 1. S.SURESH, S/O. SUKUMARA PILLAI, SANTHABHAVAN, CHERUKUNNAM, VARKALA, THIRUVANANTHAPURAM DISTRICT. 2. BOBBY, S/O. SETHU, BOBYVILASOM VEEDU, MANALAYAM, POREDAM, CHADAYAMANGALAM, KOLLAM DISTRICT. 3. THE BRANCH MANAGER, M/S. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, ASBHAR COMPLEX, ATTINGAL ADV. SMT.P.A.REZIYA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A No.526 of 2004 ------------------------------------------------ Dated this the 29th day of September, 2008 JUDGMENT Koshy, J A 13 years old boy sustained fatal injuries in a motor accident due to the negligence of the driver of the vehicle insured by the third respondent/Insurance Company on 14/11/1999. Taking note of the fact that the deceased was a bright student, Tribunal has taken Rs.1,500/- as the notional monthly income of the deceased based on the certificate issued and considering the various circumstances. A notional income of a non- earning person is fixed at Rs.1,250/- in the Second Schedule framed in the year 1994. Here, the accident occurred in 1999. Rs.1,500/- fixed by the Tribunal as the notional monthly income of the deceased, a non-earning person, M. A. C. A No.526 of 2004 -2- considering the fact that he was a bright student, needs no interference. The parents were 40 years old. Going by the guidelines of the Second Schedule, if the age of the motor accident victim is taken, multiplier is 15. If the age of the parents are also taken, multiplier is also 15 because between 40 and 45 multiplier is 15. The Tribunal has taken 15 as the multiplier. From Rs.1,500/- as the notional monthly income, 1/3 has to be deducted for personal expenses. Therefore, Rs.1,000/- is the actual loss of the family for a month and for an year it will come to Rs.12,000/-. When 15 is taken as the multiplier, compensation is Rs.1,80,000/-. The Tribunal has granted Rs.1,43,000/-. Therefore, the additional amount payable for loss of dependency is Rs.37,000/-. With regard to compensation granted by the Tribunal for reimbursement of transportation expenses, M. A. C. A No.526 of 2004 -3- funeral expenses, pain and sufferings etc. no enhancement is needed. The additional amount of Rs.37,000/- shall be deposited by the third respondent/Insurance Company with 7.5% interest from the date of application till its deposit. On deposit of the above amount, appellants 1 and 2 are allowed to withdraw the same in equal proportions. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-