IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 MFA.No. 720 of 2002 --------------------- OPMV.278/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT: 3RD RESPONDENT ------------------------- THE UNITED INDIA, INSURANCE CO.LTD., REP. BY ITS ADMINISTRATIVE OFFICER, MOTOR THIRD PARTY CLAIMS OFFICE, VETTUKATTIL BUILDINGS, M.G.ROAD, ERNAKULAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL RESPONDENTS: PETITIONER & RESPONDENTS 1 AND 2 --------------------------------------------- 1. NIZAR,(MINOR) NOW AGED 10 YEARS, REP. BY GUARDIAN MOTHER K.V.SAINABA, W/O.BAPPUTTY, P.O.KALADI, KANDANAKAM. 2. P.P.RAMAKRISHNAN, S/O.P.P.KRISHNAN, PADIKKAPARAMBIL HOSUE, MELAYAM P.O., ANAKKARA, KUMBIDI. (DELETED) 3. K.P.CHANDRANGADAN, S.I. OF POLICE(SG), KRISHNA NIVAS, P.O.NADUVATTAM, MALAPPURAM DISTRICT. THE NAME OF THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 16-1-2008 ON IA 78/98. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.M.P. No.4268/2002 in M.F.A. No.720/2002 Dismissed. Sd/-J.B. Koshy, Judge. 3rd March,2008 Sd/-K. Hema, Judge. mn. J.B. Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No. 720 of 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of Marh, 2008 JUDGMENT Koshy, J. Insurance Company questions the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV) No.278/1997 in this appeal. The injured claimant at the time of accident was aged 5 years. The Insurance Company's main grievance is that the notional income of the child was taken as Rs.3,500/-. 2. The accident occurred on 22-7-1995. According to the Insurance Company, at the maximum notional income of Rs.15,000/- per year (Rs.1,250/- per month) ought to have been taken as per the Second Schedule. Second Schedule can be taken as a guideline for claims under section 166 also. Here, the disability suffered by the child is mentioned in paragraph 9 of the judgment, which reads as follows:- “Ext.A2 is the wound certificate issued from the West Fort Hospital, Thrissur. It shows that the petitioner was admitted on 22-7-1995 and discharged on 8-8-1995. He was treated as inpatient for 17 days. Ext.A3 is the discharge card MFA 720/2002 -2- and Ext.A4 is the disability certificate. Disability is assessed at 30%. Ext.A4 is marked subject to objection. The petitioner sustained Cerebral Odema, Fracature of mandible, fracture of tibia (left and loss of 5 teeth. Now the child is aged 10 years and no fresh teeth is grown. In the usual course of his teeth will be coming by the 8th year of age or within 9 years of age. Since no fresh teeth has grown even after 10 years loss of teeth is to be taken into account. Ext.A4 of course, is not proved through the doctor. Even there taking into account the serious injuries sustained by the child and considering how it will affect his future life and his way to eke out his living, I do not think that 30% assessed by the doctor is unreasonable. The 30% assessed is according to me, Bride's scale. Nowadays even a coolie worker gets Rs.3000/- to 3500/- per mensum. It goes without saying that when the child grows up and becomes up of age even a coolie worker will get double than at present because money value goes down and price of articles and cost of living are going up and up.” The Second Scheduled was framed in 1994 and the accident occurred in 1995. But it is taken as a guidance mainly for fixing the multiplier. Deceased was only a child without any income on the date of accident. Considering the same, we are of the view that Rs.2,000/- can be taken as the monthly income. If that be so, compensation will be payable at Rs.1,08,000/- (2000 x 12 x 30/100 x 15). The Tribunal has awarded an amount of Rs.1,89,000/- for permanent disability and also loss of earning power. The compensation amount of Rs.30,000/- granted under other heads are just and reasonable. Therefore, compensation payable by the Insurance MFA 720/2002 -3- Company is Rs.1,38,200/- with interest and proportionate costs as awarded by the Tribunal after deducting the amount already deposited. Award is modified, accordingly. The appeal is allowed in part. J.B. Koshy, Judge. K. Hema, Judge. mn. MFA 720/2002 -4- J.B.Koshy & K.Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No.720/2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3-3-2008