IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MACA.No. 686 of 2004() ---------------------------------- OPMV.37/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANTS.2ND PETITIONER & LRS OF IST PETITIONER ---------------------- 1. SHYLAJA, W/O.SANKUNNY, MEKKUNNATH HOUSE, VENGINISSERY, PERALA P.O. THRISSUR. 2. SARANYAM.J. D/O.SANKUNNY(MINOR), REP. BY MOTHER & NATURAL GUARDIAN, SHYLAJA, W/O.SANKUNNY, DO. DO. 3. SARIKA, D/O.SANKUNNY (MINOR) REP. BY MOTHER & NATURAL GUARDIAN, SHYLAJA, W/O.SANKUNNY. 4. SARANJITH, S/O.SANKUNNY(MINOR) REP. BY MOTHER & NATURAL GUARDIAN, SHYLAJA W/O.SANKUNNY. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: RESPONDENTS. ------------------------- 1. K.GOVINDANKUTTY, S/O.ACHUTHA PODUVAL, KONERY HOUSE, POTTAYIL LANE, M.G.ROAD, THRISSUR-4. 2. SHAJAN @ SHAJU, S/O.VELAYUDHAN, VENGALI HOUSE, KODANNUR, THRISSUR. 3. THE ORIENTAL INSURANCE CO.LTD., THIRUVAMBADY DEVASWOM BUILDINGS, ROUND WEST, THRISSUR - 1. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.K.ASHOKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2008, ALONG WITH 954 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOS. 686 & 954 OF 2004 = = = = = = = = = = = = = = = Dated this the 26th day of May, 2008. J U D G M E N T MACA 686/04 is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)37/93 and the other is filed against OP(MV)38/98. In O.P.(MV) 37/93 the Tribunal has awarded a compensation of Rs.60,750/- and in O.P.(MV)38/93, the Tribunal has awarded a compensation of Rs.46,200/-. 2. Heard the counsel for the appellant as well as for the insurance company. When young children die at the age of 4½ years and 2½ years respectively there are so many imponderables and vicissitudes of life that may stand in the way for fixing the compensation. A time was there when global compensation was fixed in such cases which has been lately deprecated by the Courts and some formula has been arrived at for granting compensation to such claimants. The boy was aged 4½ years and the average age of the parents was 32 years at the time of accident which would indicate MACA Nos. 686/04 & 954/04 -2- that it would have taken another 18 to 19 years for the boy aged 4½ years to start earning and it would have taken more than 20 years or 22 years for the child aged 2½ years to start earning. The accident had taken place at a time even the structural formula was not available in the statute. It has been held by the Courts that it does not have any retrospective effect as well. So applying the principles available and making a reasonable guess work I feel in the case of boy aged 4½ years, especially when the father is dead and mother is alive, a multiplier of 11 can be applied and for the child aged 2½ years a multiplier of 9 can be applied. It has also to be taken into consideration that these boys when get married the dependency factor of the mother will also get reduced. So I proceed to fix the compensation as follows. 3. So far as the boy aged 4½ years is concerned, that is, in O.P.(MV)37/93 for six years he would have contributed a sum of Rs.500/- towards dependency per month and thereafter for another five years at the rate of Rs.400/- per month, i.e., Rs.36,000/- + Rs.24,000/-. MACA Nos. 686/04 & 954/04 -3- Towards compensation for pain and sufferings an amount of Rs.5,000/- is awarded and for the funeral expenses and transport expenses etc. Rs.2,000/- is awarded and towards loss of love and affection an amount of Rs.8,000/- is awarded. Thus the total compensation would come to Rs.75,000/-. The Tribunal has awarded Rs.60,750/- and therefore the mother will be entitled to an additional compensation of Rs.14,250/-. 4. So far as O.P.(MV)38/93 is concerned one can apply a multiplier of 9 for the reason that the boy was only 2½ years at the time of the death, applying the same principles as in the previous case the mother will get at the rate of Rs.500/- towards dependency per month for five years and at the rate of Rs.400/- per month for the next four years. When it is calculated it will come to Rs.49,200/-. Besides this for pain and sufferings an amount of Rs.5,000/- is awarded. Rs.2,000/- towards funeral expenses and Rs.8000/- for loss of love and affection. So it will come to Rs.64,200/-, deducting Rs.46,200/- already paid, the balance amount will be Rs.18,000/-. MACA Nos. 686/04 & 954/04 -4- 5. So far as the interest to be awarded is concerned one cannot blame the insurance company and it was only on account of the delay caused for a period of 10 years the litigation has taken so much of time and as the delay is condoned only today it has to be stated that the appeal has come into effect only on today. Therefore interest will be calculated only from today and therefore both the appeals are disposed of as follows: 6. In O.P(MV)37/93 the 2nd claimant therein is awarded an additional compensation of Rs.14,250/- with 7% interest from today till realisation and the insurance company is directed to deposit the amount within 60 days. The interest has to be paid only if there is failure to deposit the amount within 60 days. 7. As far as OP(MV)38/93 is concerned the 2nd claimant therein is also awarded an additional compensation of Rs.18,000/- with 7% interest on the said sum from today till realisation at the rate of 7% interest. The insurance company is directed to deposit the said amount within a period of sixty days and liability to pay by the insurance MACA Nos. 686/04 & 954/04 -5- company will arise only if there is default for making the payment within 60 days. The insurance company is directed to deposit the amount and being a very old matter the Motor Accidents Claims Tribunal can sympathetically consider to disburse of the entire amount to the mother. M.N. KRISHNAN, JUDGE. ul/-