IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 MACA.No. 169 of 2011() ---------------------- OPMV.2714/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONERS ------------------------- 1. V.K.ISMAIL, S/O.LATE KUNHI MOHAMMED HAJI 2. SHAHANAZ, W/O.ISMAIL 3. SAMEENA PARVEEN (MINOR) D/O.ISMAIL 4. SAHALA (MINOR) D/O.ISMAIL ALL APPELLANTS RESIDING AT VYSAMVEETTIL KIZHAKKETHIL HOUSE, PAVARATTY P.O., THRISSUR DISTRICT (MINOR APPELLANTS 3 & 4 REPRESENTED BY FRIEND GUARDIAN, THE FIRST APPELLANT HEREIN). BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): RESPONDENTS -------------------------- 1. THE MANAGER, MASM HIGH SCHOOL, VENMENAD, PAVARATTY, THRISSUR DISTRICT - 680001. 2. SHAMSUDDEEN, S/O.SULAIMAN, KALATHIL HOUSE, KANNAMBRA, PANNIYAMKARA, ALATHUR, PALAKKAD DISTRICT - 678001. 3. THE NEW INDIA ASSURANCE CO.LTD., ANUGRAHA BUILDINGS, KUNNAMKULAM, THRISSUR DISTRICT - 680001. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.169 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in OP(MV)2714/2004 on the file of the Motor Accidents Claims Tribunal, Thrissur. They are the parents and sisters of deceased Sana, a girl aged 4 ½, who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated August 17, 2010 awarding a compensation of Rs. 1,22,000/- for the loss caused to them on account of the death of deceased in that accident. 2. On July 15, 2004 at about 4 p.m., while the deceased girl was walking along Kaithamukku Venmanad public road, she was knocked down by the bus bearing Reg.No.KL-8/4361 driven by the second respondent. The deceased sustained serious injuries and she succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the bus, the claimants filed the OP under Sec.166 of the Motor Vehicles Act MACA.No.169/2011 2 claiming a compensation of Rs.3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. Exts.A1 to A7 series were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a total compensation of Rs.1,22,000/- with interest at the rate of 8% per annum from the date of petition till realisation and proportionate cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the MACA.No.169/2011 3 driver of the bus is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,22,000/- The break up of the compensation amount awarded is as under: Loss of dependency - Rs.1,20,000/- Funeral expenses - Rs. 2,000/- 8. Counsel for the claimants sought enhancement of compensation for loss of dependency . 9. Deceased was a girl aged 4. The Tribunal took the notional annual income of the deceased as Rs.15,000/- and deducted ½ for her personal expenses and adopted a multiplier of 16 and awarded Rs.1,20,000/- for loss of dependency. As the deceased being a girl aged 4, we feel that the annual income taken by the Tribunal as Rs.15,000/- as shown in the second schedule to Motor Vehicles Act is reasonable. 10. Counsel for the Insurance Company would argue that out of MACA.No.169/2011 4 this amount, 1/3 has to be deducted for the personal expenses of the deceased. But taking into consideration the future prospects of the deceased, we feel that no deduction need be made out of this amount for the personal expenses of the deceased. As regards the multiplier to be adopted, we feel that a multiplier of 10 would be reasonable instead of 16 adopted by the Tribunal. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.1,50,000/- ( 15,000 x 10). Thus on this count, the claimants are entitled to an additional compensation of Rs.30,000/-. 11. There is another aspect in this case. The Apex Court has held in Lata Wadhwa and othes v. State of Bihar and others ( 2001 (8) Supreme Court Cases 197) that in the case of death of children aged 5 to 10 in accident, a compensation of Rs.2,00,000/- is appropriate. In the light of the principles laid down in the above decision, we feel that a compensation of Rs.1,50,000/- for loss of dependency would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. MACA.No.169/2011 5 12. In the result, the claimants are found entitled to an additional compensation of Rs. 30,000/-. They are entitled to interest @ 8% per annum from the date of petition till realisation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified to the above extent. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.169/2011 6