IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 MACA.No. 1180 of 2004(G) ------------------------ MVOP.1308/1996 of MACT, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- VALSALA, W/O.LATE MOHANAN, THODUPARAMBIL HOUSE, P.O. KUTTANALLUR, IRINJALAKUDA, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): RESPONDENTS -------------------------- 1. T.K.AZIZ, S/O.KUNJUMOHAMMED, THARAPEEDIKAYIL HOUSE, VELLANNGALOORE DESOM, VADAKKUMKARA VILLAGE, THRISSUR. 2. K.RAVEENDRAN, S/O.M.K.MENON, MANGALATH HOUSE, P.O.KUTTANALLURE, THRISSUR. 3. UNITED INDIA INSURANCE CO.LTD; THRISSUR BRANCH. 4. VINOD, S/O.BHASKARAN, VELLUTHANDIL HOUSE, CHIYYARAM VILLAGE, THRISSUR. 5. K.MADHAVAN, 'GANGA NIVAS', P.O. KUTTANELLUR, THRISSUR. 6. NATIONAL INSURANCE CO.LTD; THRISSUR BRANCH, P.B.NO.89, PATTALAM ROAD, THRISSUR. ADV. SRI.T.H.ABDUL AZEEZ FOR R1 SRI.JOHN JOSEPH VETTIKAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1180 OF 2004 -------------------------------------------- Dated this the 13th day of August, 2009 JUDGMENT Abdul Rehim, J. The mother of a deceased child aged one and half years is in appeal seeking enhancement of the compensation awarded by the Tribunal. In the very same accident, the father of the child, who is the husband of the appellant/claimant, also died. A separate Claim Petition was filed with respect to the death of that man and the Tribunal passed an award for Rs. 2,96,800/-. The accident occurred when the Bus in which the deceased persons were travelling collided with another Bus. The Tribunal found that considering the age of the mother, the correct multiplier to be adopted is 13. Fixing a notional net income of Rs. 667/- per month, the loss of dependency was worked out at Rs. 1,04,052/-. A total compensation of Rs. 1,22,052/- was awarded. 2. Heard the learned counsel appearing for the appellant and standing counsel appearing for respondents 3 and 6, the insurance companies of both the vehicles. The appellant contended that the net 2 income adopted by the Tribunal for the purpose of computing the loss of dependency is highly unrealistic and too inadequate. It is settled law that with respect to death of a child of very tender age, it is not proper to adopt the multiplier method of calculation, because life and earnings of a child in future are dependent on so many imponderables. Therefore we find that the amount of compensation awarded by the Tribunal under the head of loss of dependency is quite reasonable. However, it is contended that the amount awarded under different heads like, pain and suffering, loss of love and affection, compensation for funeral expenses, etc. are on the lower side. 3. On an anxious consideration of the entire facts and circumstances and evidence on record, we feel that the total amount of compensation awarded in this case is slightly on the lower side. We are inclined to increase it to Rs. 1.5 lakhs. 4. In the result, the appeal is partly allowed enhancing the total compensation of Rs. 1,22,052/- fixed by the Tribunal as Rs. 1.5 lakhs which will carry interest at the rate of 9% per annum from the date of Claim Petition till payment. The respondents/insurance companies will 3 pay the amount in proportion in terms of the direction contained in the award within a period of three months. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 4