IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 MACA.No. 2365 of 2007() ----------------------- OPMV.894/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): APPELLANT: 3RD RESPONDENT ----------------- THE NEW INDIA ASSURANCE COMPANY LIMITED KAYAMKULAM NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONERS -------------------- 1. A.K.MURALEEDHARA KURUP, S/O.KRISHNA KURUP, ALPHA HOUSE, KOTTATHUR KARA P.O., AYIROOR, PATHANAMTHITTA DISTRICT. 2. AJITHA M.KURUP, W/O.MURALEEDHARA KURUP, DO. DO. 3. ANOOP M.KURUP (MINOR), DO. DO. (MINOR 3RD RESPONDENT IS REPRESENTED BY HIS FATHER IST RESPONDENT). BY ADV. SRI.M.NARENDRA KUMAR FOR R.1,3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A. No.2365 of 2007 ------------------------------- Dated this the 14th December, 2009 J U D G M E N T Raman, J. Appellant is the Insurer of the vehicle. A thirteen year old girl child died in a motor accident, while the child along with her parents and brother were travelling in a car, a bus came from the opposite direction in a rash and negligent manner hit the car, and due to forceful impact of the hitting, all the passengers sustained severe injuries. They were taken to the Government Hospital, Kayamkulam, and thereafter to the Medical College Hospital, Alappuzha. While undergoing treatment, the girl child succumbed to the injuries on 11.9.1998 at 3 p.m. It is submitted that she was a brilliant student in her studies and had bright future prospects. For the untimely death of the girl child, it brought irreparable agony to the family and for the loss MACA. 2365 of 2007 2 suffered by the family, compensation was claimed for an amount of Rs.3,68,000/- under different heads. 2. The Tribunal found that the accident occurred as a result of the negligent driving of the bus driver and proceeded to calculate the compensation. The Tribunal awarded an amount of Rs.3,25,000/- in all by way of compensation under different heads. Hence, this appeal challenging the quantum. 3. The learned counsel appearing for the appellant contended that the notional income of the minor was taken as Rs.15,000/- per year, but one-third towards personal expenses was not deducted. According to the counsel, only after deducting one-third, the balance could be taken as the multiplicand. In this connection, the learned counsel also placed reliance on New India Assurance Co. Ltd. v. Sathender (2006 (4) KLT 974) and held that in cases of death of young children, neither their income at the time of death nor the prospects of the future increase in their income, nor chances of advancement of their MACA. 2365 of 2007 3 carrier are capable of proper determination on an estimated basis. 4. We heard both sides. The fact that a minor child is not earning as such any income by itself is no reason to deny the dependency compensation to the parents, when due regard is given to the fact that parents live on hope and expectation of their children. The deceased girl was stated to be a bright student and she is likely to have bright prospects in future. The parents have got only two children and this is the only girl child. Therefore, considering all these aspects into consideration, we find that it will not be just or reasonable to calculate the amount in a mechanical manner, since the very income is notionally fixed, while taking one-third therefrom, the other factors cannot be lost sight of. In this case, only an amount of Rs.10,000/- was paid towards the 'loss of love and affection' to the parents. According to us, the loss of the only girl child cannot be compensated strictly in terms of money. Therefore, considering the totality of facts into consideration, only an amount of MACA. 2365 of 2007 4 Rs.50,000/- be reduced from the total amount of Rs.3,25,000/- awarded by the Tribunal, and the balance amount is considered to be a just and reasonable compensation. To the above extent, the appeal is allowed. No cost. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.