IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MFA.No. 861 of 2001(B) ---------------------- OPMV.204/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS: PETITIONRES:- ----------- 1. KURUNIAN ALAVI KUTTY, S/O.MOHAMMED, ARAVANKARA, POOKKOTTUR P.O., MALAPPURAM DISTRICT. 2. KHADEEJA, W/O.KURUNIAN ALAVIKUTTY, ARAVANKARA, POOKOTUR. P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: RESPONDENTS:- ------------- 1. M.SULAIMAN, MECHERY HOUSE, PULLOOR, KARUVAMBRAM P.O., MANJERI. 2. KARAT ARAMUGHAN ALIAS MOOSA, S/O.AYYAPPAN, KIZHAKKETHODI HOUSE, ARAVANKARA, POOKOTTUR P.O., MALAPPURAM DISTRICT. 3. THE NATIONAL INSURANCE CO. LTD., MANJERI P.O. BY ADV. SRI.SHIRAZ ABDULLAFOR R1 SRI.IMTHIYAZ AHAMED THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 7-1-2008 , THE COURT ON 07/01/2008 DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.861 of 2001 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT Koshy, J: A six year old child sustained injuries in a motor accident. On 23.10.1994 as he was hit by a bus KLM 6285 driven rashly and negligently by the 2nd respondent. The bus was insured by the 3rd respondent. Against a claim of Rs.1,59,000/-, compensation awarded was only Rs.60,000/-. The quantum of compensation alone is disputed in this appeal. The Apex Court in Smt. Supe Dei and others v. M/s. National Insurance Company Ltd. and another (2002 (Suppl.1) SC 451), Abati Bezbaruah v. Dy. Director, Geological Survey of India and another [(2003) 3 SCC 148], A.P.S.R.T.C. v. M.Pentaiah Chari (2007 AIR SCW 5689) held that second schedule of the Motor Vehicles Act is framed for the purpose of awarding compensation under Section 163-A, but, it serves a guideline for determination of compensation under Section 166 of the Motor Vehicles Act. Even though it was argued that in 163 [MFA.861/01] 2 application, there is no need for the claimants to prove negligence, in application under Section 166, claimants should prove negligence on the part of the driver of the offending vehicle. Therefore, in application under Section 166 of the M.V. Act, amount of compensation should be more. We are of the view that compensation can be calculated taking guidelines from second schedule even if the application is under Section 166 of the Act. The deceased child was a minor. According to the appellant he was the only child. In such circumstances, the person's income can be notionally fixed. The loss caused by the death of a child cannot be measured in terms of money. But for claiming compensation some methods has to be adopted. Hence, 2nd schedule can be accepted for guidance. The notional income for a non-earning person is Rs.15,000/- per year. After deducting 1/3rd for loss of family contribution, income can be fixed as Rs.10,000/- per year. 15 is the multiplier for a person aged below 15. The mother was aged 35. If that is also taken into account, 15 is the apt multiplier . Therefore, 15 is the multiplier to be taken. If that be so, the compensation will be Rs.,1,50,000/-. The Tribunal has awarded only 60,000/- for death and family contribution. Claimants are entitled to additional compensation of Rs.90,000/-. Even though it is contended that very meagre amount [MFA.861/01] 3 was granted on other heads, considering the total amount of compensation, no further enhancement is made on other heads. The above amount of Rs.90,000/- should be deposited by the 3rd respondent Insurance Company with 7.5% interest from the date of application till deposit over the above the amount decreed by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. Sd/- J.B. KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. [MFA.861/01] 4 J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.861 of 2001 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT