IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 MACA.No. 106 of 2004() ---------------------- OPMV.1930/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. MR.P.B.SURESH BABU, S/O. LATE C.N. BHASKARA KURUP, PLAPPALLIL HOUSE, KALAVOOR P.O., MARARIKULAM SOUTH, ALAPPUZHA DIST. 2. SMT. JAYANTHI S.A. W/O. P.S.SURESH BABU PLAPPALLIL HOUSE, KALAVOOR P.O., MARARIKULAM SOUTH, ALAPPUZHA DISTRICT. BY ADV. SRI.P.VIJAYARAGHAVAN RESPONDENT(S): RESPONDENTS -------------------------- 1. SMT.ANCY K.C. , MARINE AND FARM PRODUCTS EXPORTERS (P) LTD., PANICKASSERIL HOUSE, BEACH WARD, ALAPPUZHA. 2. MR.JALEL S/O. THILAKARAJAN, ARAYAN VEEDU, CHERIYA AZHEEKAL, ALAPATTU, KARUNAGAPPALLY, KOLLAM DISTTRICT 3. THE NATIONAL INSURANCE CO.LTD., P.B.NO.3805, NEAR YMCA JUNCTION, ALAPPUZHA, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.106 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September , 2010 JUDGMENT Basheer, J. A two year old female child lost her life in a road traffic accident that occurred in the year 1998. The parents of the deceased child sought compensation from the Motor Accidents Claims Tribunal invoking Section 166 and 163 A of the Motor Vehicles Act. 2. The Tribunal awarded a sum of Rs. 59,500/- towards compensation with 9% interest from the date of petition till the date of realisation. The said award is under challenge in this appeal at the instance of the parents. 3. Learned counsel for the appellant contends that the Tribunal was not justified in adopting the structured formula envisaged in the Second Schedule as stipulated under Section 163 A of the Act. It is pointed out by the learned counsel that the computation made in the award indicates that the Tribunal was influenced by the schedule also, since it has been mentioned in the award that the claimants would not MACA.No.106/2004 2 be entitled to get any sum in excess of the minimum prescribed under the schedule. It is thus that the Tribunal has proceeded to award Rs. 50,000/- apart from a sum of Rs. 5,000/- for pain and suffering and Rs. 2,000/- towards funeral expenses. A further sum of Rs. 2,500/- was awarded as loss of estate. 4. Learned counsel submits that there was no rhyme or reason for awarding only the minimum compensation stipulated in the schedule especially since the schedule prescribes that compensation shall be paid on the basis of the annual income to be computed depending on the age of the victim. It is the case of the appellants that the annual income in this case ought to have been taken as Rs. 15,000/- at least. 5. Per contra, it is contended by learned counsel for the Insurance Company that the schedule may not have any relevance in the case on hand especially since deceased victim was only two years old. According to the learned counsel, the Tribunal was justified in awarding the minimum compensation indicated in the schedule. 6. We have carefully considered the rival contentions raised MACA.No.106/2004 3 by learned counsel for the parties. In our view, the Tribunal was not justified in restricting the compensation to the minimum of Rs. 50,000/- indicated in the schedule. It is on record that the innocent victim was the only child of the young parents at the time of the unfortunate accident. It may be true that the appellants have been subsequently blessed with another male child, but the loss of a child to any parent can never be compensated in monetary terms. The emotional and sentimental loss of the parents can never be measured in terms of cash. Still, when it comes to quantification of compensation, the court has to necessarily adopt some methodology by which the loss has to be put in the realm of monetary terms. 7. Having carefully considered the entire aspects of the case and keeping in view the scheme of the Act and the Schedule referred to above, we are of the view that it will be just and proper to award a lump sum amount by way of compensation to the unfortunate parents, though it may never be equivalent to the loss suffered by them. In our view, a sum of Rs. 1,50,000/- will be just and reasonable compensation. The award is modified to the above extent. The MACA.No.106/2004 4 Insurance Company shall pay the additional compensation with 7.5% interest from the date of petition till the date of realisation. The Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.106/2004 5