IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 MACA.No.555 of 2004 (G) ------------------------------ OPMV.1620/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/PETITIONER: ------------------------------- DILEEPKUMAR, ALUMVILA VEEDU, POREDAM P.O., CHADAYAMANGALAM, KOTTARAKKARA TALUK. BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENTS: RESPONDENTS: ------------------------------------- 1. S.SURESH, SANTHABHAVAN,VARKALA P.O.,THIRUVANANTHAPURAM DIST. 2. BOBY, BOBYVILASOM, MANALAYAM, POREDAM P.O., CHADAYAMANGALAM. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KOLLAM. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.555 of 2004 --------------------------------- JUDGMENT Koshy, J. A six months old child died in a motor accident. In the very same accident, mother of the child also died. Father of the child filed two claim petitions for compensation, one for the death of the child and other for the death of his wife. With regard to the death of the child, the Tribunal awarded an amount of Rs.1,57,000/-. This appeal is filed seeking enhancement of the compensation. 2. The accident occurred on 14.11.1999. At the time of the accident the child was only six months old. Tribunal has taken the notional income of Rs.15,000/-, mentioned in the second schedule, for calculating the compensation. One third was deducted and Rs.10,000/- was taken as the income. Taking the age of the child, 15 was taken as the multiplier and compensation was granted. The contention of the appellant is that age of the father was 31 at the time of the accident and since father was the claimant, his age ought to have been taken for calculating the compensation. The Apex Court MACA 555/04 2 has held that if the motor accident victim is unmarried, while calculating the compensation, age of the deceased, age of the beneficiaries, etc. should be considered and life expectation of the deceased or beneficiaries whichever is short, should be taken as the multiplier [Maqbool Pasha v. Irfan Ahammed (JT 2002 (5) SC 118)]. Tribunal has correctly taken 15 as the multiplier for calculating the compensation. Admittedly, the child was only six months old. Future prospects of the child cannot be predicted. In the absence of any income, fixation of notional income at Rs.15,000/- by the Tribunal for calculating the compensation also cannot be questioned. Therefore, we see no reason to interfere with the award passed by the Tribunal at the instance of the appellant. The appeal is dismissed. (J.B.Koshy, Judge) 22nd October, 2008 (K.P.Balachandran, Judge) tkv