IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 573 of 2005(G) ------------------------------- OPMV.1189/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/PETITIONERS : ---------------------------------- 1. ARUMUGHAN, S/O. AYYAPPAN CHETTIYAR, PAYYA ROAD, MUDAPPALLUR P.O., ALATHUR TALUK. 2. KAMALAM, W/O. ARUMUGHAN, PAYYA ROAD, MUDAPPALLUR P.O., ALATHUR TALUK. BY ADV. SRI.C.RAGHAVAN RESPONDENTS/RESPONDENTS : --------------------------------------- 1. K.M.PREMAN, S/O. MUKUNDAN, MUKKUVAYIL VEEDU, KAIPPAMANGALAM, KODUNGALLUR P.O., THRISSUR. 2. K.S. SUBASH, S/O. SANKARANKUTTY, KOLLARA VEEDU, KARACHIRA P.O., THRISSUR. 3. UNITED INDIA INSURANCE CO., SHANMUGHAM ROAD, COCHIN-682 031. ADV. SRI.M.S.PATTALI - R3 SRI.K.J.KURIACHAN - R3 SRI.LIJU. M.P - R2 SRI.M.V.BIPIN - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------------------------------- M.A. C.A No. 573 of 2005 ----------------------------------- Dated this the 7th day of November, 2008 J U D G M E N T J.B.KOSHY,J. A 12 year old child sustained injuries in a motor accident on 11/06/1997. Appellants claimed compensation of Rs.2,63,000/-. Tribunal though found that accident occurred due to the negligence of the first respondent, driver of the jeep owned by 2nd respondent and insured by the 3rd respondent, awarded only a compensation of Rs.1,34,000/-. Only dispute in this appeal is regarding the quantum of compensation. Since the deceased child was 12 years at the time of accident, taking guidelines from the 2nd schedule, 15 was taken as the multiplier and a sum of Rs.1,34,000/- was awarded. The father was aged 45 years and mother was aged 40 years and if the age of the claimants are taken into account, the multiplier is 15. We see no reason to enhance the same. In 1994 when second schedule was framed, non- earning person's notional income was fixed at Rs.1,250/- per month (Rs.15,000/- per year). Accident in this case was on 11/06/1997. Therefore, we are of the opinion that at least the notional income for a M.A. C.A No. 573 / 2005 2 non earning person under the second schedule should be taken as income. If so, after deducting 1/3, Rs.10,000/- is the yearly loss of dependency and family contribution. If multiplier is taken as 15, compensation payable will be Rs.1,50,000/-. Tribunal awarded only Rs.1,08,000/- on that head. Therefore claimants are entitled to Rs.42,000/- more as additional compensation. The additional sum of Rs.42,000/- should be deposited by the 3rd respondent, Insurance Company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the tribunal. On deposit of the said amount, appellants are allowed to withdraw the same in equal proportion. J.B.KOSHY,JUDGE THOMAS P. JOSEPH, JUDGE scm