IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 MFA.No. 1144 of 2002() ---------------------- OPMV.1758/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT: 3RD RESPONDENT: ----------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE ASST. ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G. ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: APPLICANTS 1 & 2/RESPONDENTS 1,2 & 4 RESPECTIVELY: --------------------------------------------------------------- 1. SAILAJA, D/O. DEVAKI, VELIVILAKATH VEEDU T.C.49/533, SAMADARSINI JUNCTION, MANACAUD P.O., THIRUVANANTHAPURAM. 2. ARUNKUMAR, S/O. SURENDRAN, VELIVILAKATH VEEDU, DO. DO. 3. RAJESH JOSEPH, SL/O. JOSEPH MATHEW, (DELETED) SABU VIHAR, VALLAKADAVU P.O., THIRUVANANTHAPURAM-8. 4. SATHISH KUMAR. G., S/O. GOPALAN NAIR, KUZHIVILA PUTHANVEEDU, T.C. 50/1416, NEAR SIVA KSHETHRAM, DRIANAGE LANE, THALIYAL, KALADY, KARAMANA P.O., THIRUVANANTHAPURAM. 5. SURENDRAN, S/O. SIVASANKARAN, (DELETED) NO.15, GANDHI IRIVIN ROAD, EGMORE, CHENNAI-8, (FATHER OF THE DECEASED GIRL). NAME OF THE 3RD AND 5TH RESPONDENTS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 5.7.2006 IN I.A.NO.1191/2006. BY ADV. SRI.J.HARIKUMAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA1144/2002 ORDER ON CMP NO.6976/2002 IN MFA NO.1144/2002 DISMISSED 15.1.2008 SD/- J.B.KOSHY, JUDGE 15.1.2008 SD/- K.M.JOSEPH, JUDGE /TRUE COPY/ P.A. TO JUDGE J.B.KOSHY & K.M.JOSEPH, JJ. ------------------------------------------- M.F.A.No.1144 of 2002 ------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT Koshy, J. A 14 year old girl sustained fatal injuries in an accident on 10.12.1998. The Tribunal calculated compensation of Rs.5,67,000/- but awarded only Rs.5,00,000/- as the legal representatives claimed only Rs.5,00,000/-. The insurance company questioned quantum of compensation in this appeal. 2. The deceased was a 14 year old girl studying in 10th standard. The Tribunal has taken Rs.4,500/- as the monthly income because she was an extremely brilliant girl and participated in various competitions and a certificate holder of International Karate Organisation and NCC cadet. She was only aged 14 years old and was only a student. The future cannot be predicted. It is true that death of a child cannot be measured in terms of money, but at the same time for granting compensation some principles have to be followed. Supreme court has held MFA 1144/2002 2 that second schedule can be taken as a guideline and as per the second schedule, Rs.1,250/- was fixed as the monthly income of a non- earning person (Rs.15,000/- per year). Here, the accident occurred in 1998. As observed by the Tribunal, the girl was an NCC cadet and has appeared in National Karate competition etc. She was an extremely brilliant girl. Considering these circumstances, we are of the opinion that at least Rs.1,800/- can be fixed as notional monthly income instead of Rs.4,500/- fixed by the Tribunal. After deducting 1/3rd multiplicant will be Rs.1,200/-. As per the second schedule, if the age of the victim is 14, the multiplier to be fixed is 15. If the age of the father and mother are taken into account 15 is the multiplier to be taken. Therefore, compensation payable for disability and family contribution will be Rs.1,200x12x15=2,16,000/-. The girl sustained the accident at about 4.30 p.m. and within one hour, she died. The Tribunal awarded Rs.8,000/- for pain and sufferings. We see no ground to change the same. For transportation of the injured to hospital and taking back the dead body, we award Rs.2,000/- for transportation expenses and Rs.3,000/- for funeral expenses. For loss of estate Rs.5,000/- is MFA 1144/2002 3 granted instead of Rs.15,000/- awarded by the Tribunal. For loss of love and affection another Rs.10,000/- is granted instead of Rs.5,000/- awarded by the Tribunal. Thus, total amount of compensation payable is Rs.2,44,000/-. The above amount should be deposited by the appellant insurance company after deducting any amount already deposited with same rate of interest and proportionate costs awarded by the Tribunal from the date of application till the date of deposit. It is submitted by the counsel for the respondents, R1 and R2, that fourth respondent, father of the child died. Therefore, on deposit of compensation, it is allowed to be withdrawn by the respondents 1 and 2 in equal proportion. The appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.M.JOSEPH, JUDGE csl