IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 MACA.No. 255 of 2007 ---------------------- OP(MV).764/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA APPELLANTS/CLAIMANTS BEFORE THE TRIBUNAL ------------------------------------------------------ 1. VALSAMMA, W/O.LATE GOERGE,EDAKKARA HOUSE ATTAPPALLAM P.O., KUMILY. 2. JOSY MOL, (MINOR),D/O.LATE GEORGE, AGED 15 YEARS,EDAKKARA HOUSE, REPRESENTED BY MOTHER AND NATURAL GUARDIAN,VALSAMMA, W/O.LATE GEORGE. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENTS/RESPONDENTS 1 TO 3 BEFORE THE TRIBUNAL ----------------------------------------------------------------- 1. C.J.JOHNY,S/O.JOSEPH,SEMPLIYENKUNNATHU HOUSE, NADUTHARA, PUTHUSSERY P.O., PALAKKAD. 2. K.VIJAYALAKSHMI, W/O.BALASUBRAMANIAN, 550, DIAMOND COLONY, UDUMALPET ROAD, CHINNAPALAYAM P.O., POLLACHI, COIMBATORE (DT). 3. UNITED INDIA INSURANCE CO.LTD, POLLACHI BRANCH, POLLACHI P.O., COIMBATORE (DT.). R3 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ................................................................................ M.A.C.A. No. 255 OF 2007 ......................................................................... Dated this the 17th November , 2009 J U D G M E N T P.R. Ramachandra Menon, J: The dispute in this appeal is with regard to the quantum awarded by the Tribunal in respect of the sad demise of a minor boy aged 14 years, who was a student of the 9th standard. The deceased boy was travelling in a Maruti van, when it collided with a tanker lorry coming from the opposite side, causing fatal injuries, leading to the death of the boy, which led to the claim petition preferred by his mother and younger sister. 2. The claim was contested mainly from the part of the insurance company. After analysing the pleadings and evidence brought on record, the Tribunal fixed the negligence solely on the driver of the tanker lorry, which has become final, as not subjected to challenge. The Tribunal awarded a total sum of Rs. M.A.C.A. No. 255 OF 2007 2 1,79,960/- as compensation payable (rounded as Rs.1,80,000/-), which was directed to be satisfied by the insurer of the lorry with interest at the rate of 6% per annum. 3. The grievance of the appellants is that the multiplier adopted by the Tribunal is only '10' which is not in conformity with the 'Second Schedule' of the Kerala Motor Vehicles Act, which ought to have been accepted and reckoned by the Tribunal in respect of a minor boy aged 14, though the claim petition was preferred under Section 166 of the Act. The learned Counsel for the appellants further submits that the rate of interest awarded by the Tribunal is also on the lower side. 4. The Tribunal has taken Rs.2,000/- as the notional monthly income and after deducting 1/3rd towards the probable personal expenses, Rs.1333/- per month has been reckoned for calculating the loss of dependency. However, it has to be borne in mind that the deceased was only a student (minor boy aged 14 years) who was not having any employment. Even going by the Second Schedule, the annual income reckonable in the said circumstances, is only Rs.15,000/-. The learned Counsel for the M.A.C.A. No. 255 OF 2007 3 appellants submits, with reference to the connected case, i.e., O.P.(MV) No.765 of 2002, (which was the subject matter of consideration before a Division Bench of this Court in M.A.C.A.No. 43 of 2007), that the annual income in respect of the death of a 13 year old girl was notionally fixed as Rs.18000/- and after deducting 1/3rd towards probable personal expense, Rs.1,80,000/- was awarded as the compensation for the 'loss of dependency'. Since the above course pursued by this Court was not subjected to challenge from the part of the Insurance Company, similar course can be adopted in this connected case involving more or less similar circumstances resulted because of the very same accident. As such, fixation of the multiplier as '10' by the Tribunal cannot be said as correct and the proper multiplier ought to have been '15', as reckoned by a co-ordinate Bench of this Court in M.A.C.A.No. 43 of 2007 (appeal from the connected O.P.(MV) No.765 of 2002). On re-working the figures as above, we find that a further sum of Rs.20040/- (Rupees twenty thousand and forty only)(180000-159960) is payable as the balance compensation to the appellants towards 'loss of M.A.C.A. No. 255 OF 2007 4 dependency'. The said amount shall be satisfied with interest at the rate of 7% per annum from the date of the application till the payment is effected. We also make it clear that the amount already awarded by the Tribunal will also carry interest at the rate of 7% from the date of the petition, as aforesaid. The amount, as above, shall be deposited by the 3rd respondent/ Insurance Company, as expeditiously as possible and at any rate, within two months from the date of receipt of a copy of the judgment. The Appeal is allowed in part . No cost. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk