IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 MFA.No. 195 of 2003(D) ---------------------- OPMV.2210/1994 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANTS/PETITIONERS: ---------------------- 1. AMBIKA DEVI, W/O. RAMACHANDRAN, PANDAPLAVIL PUTHEN VEEDU, NADUVILAKKARA, THEVALAKKARA P.O., KOLLAM. 2. J.RAMACHANDRAN, PANDAPLAVIL PUTHEN VEEDU NADUVILAKKARA, THEVALAKKARA P.O., KOLLAM. BY ADV. SRI.N.ANILKUMAR RESPONDENTS/RESPONDENTS 1 TO 3: ------------------------------- 1. P.G.UNNIKRISHNAN, MANAGING PARTNER, PEEGEE METAL PRODUCTS, PACHALAM, KOCHI. 2. SELVAN, S/O. YESUDASAN, THATTASSERI HOUSE, VADUTHALA, KOCHI. 3. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., CHINNAKADA, KOLLAM. BY ADV. SRI.K.K.APPU FOR R1 & 2 SRI.ANCHAL C.VIJAYAN FOR R3 SRI.ISAC SANJAY FOR R1 & 2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.NO.195 OF 2003 --------------------------------------- Dated this the 23rd day of June, 2008 J U D G M E N T Koshy,J. The appellants, unfortunate parents lost their three year old child in an accident occurred on 14.7.1994. They claimed compensation before the Motor Accidents Claims Tribunal, Kollam. Tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the Insurance company and Insurance company was directed to deposit an amount of Rs.62,500/-. Tribunal has granted Rs.35,000/- for future pecuniary benefits. According to the claimants, father was aged 35 and mother was aged 28 at the time of accident. It is also contended that father was employed in Gulf at the time of accident and due to mental agony, he came back. Tribunal did not calculate compensation on a scientific basis but MFA.195/03 2 arbitrarily fixed the amount. Apex Court in a three member Bench decision in Smt.Supe Dei and others v. M/s.National Insurance Co. Ltd. and another (JT 2002 (Suppl.1) SC 451) and Abati Bezbaruah v. Dy. Director General, Geological Survey of India and another ((2003) 3 SCC 148) held that even under claims under Section 166, the 2nd schedule can be taken as guideline for calculating compensation. The child was only 3 years at the time of the accident. Only notional income can be fixed for calculating compensation. Under the 2nd Schedule, notional income for a non earning person is Rs.15,000/- per year (Rs.1,250/- per month). But, here the accident occurred on 14.7.1994. We fix Rs.12,000/- as the notional income and after deducting 1/3 rd, Rs.8,000/- is fixed as the yearly notional income to the family. If mother's age is taken into account, 18 is the apt multiplier. But for the death of an unmarried person, claimant's age as well as the victim's age should be taken into account and lowest only can be taken. If minor's age is taken into account, the multiplier can be taken as 15. Therefore, compensation payable will be Rs.8,000 x 15 = Rs.1,20,000/-. Tribunal has awarded Rs.35,000/- MFA.195/03 3 as loss of dependency to the family. Therefore, additional amount payable will be Rs.85,000/-. The above amount should be deposited by the 3rd respondent Insurance company with 7% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, father and mother are allowed to withdraw the same in equal proportion. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MFA.195/03 4 J.B. KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.NO.195 OF 2003 --------------------------------------- J U D G M E N T 23rd day of June, 2008