IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 MACA.No. 1327 of 2011() ----------------------- OPMV.2998/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS : PETITIONERS ------------------------- 1. SUNDARAN P., VALIYA KUNNOTH HOUSE, KIZHUPARAMBA POST, AREACODE VIA. MALAPPURAM. 2. REENA, W/O.SUNDARAN P., VALIYA KUNNOTH HOUSE, KIZHUPARAMBA POST, AREACODE VIA. MALAPPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS : RESPONDENTS -------------------------- 1. UMMER.K., BROTHERS COMPLEX, BYE PASS ROAD, KONDOTTY, MALAPPURAM - 673 638. 2. THE ORIENTAL INSURANCE CO.LTD., JASEELA COMPLEX, NILAMBUR ROAD, MANJERI, MALAPPURAM - 676 121. 3. K.T.SASEENDRAN, S/O.RADHAKRISHNAN, KANNANTHOZHI HOUSE, VELLILA POST, MANKADA - VIA. MALAPPURAM - 679 324. 4. A.R.ABDUL KAREEM, S/O.KUNHOKKU, KALATHUM THODI HOUSE, KEEZHAPARAMBA, AREACODE POST, MALAPPURAM - 673 639. 5. P.SASEENDRAN, S/O.CHATHAN, PANOLI HOUSE, MANASSERY POST, KOZHIKODE - 673 602. 6. THE UNITED INDIA INSURANCE CO.LTD., ARAFA BUILDINGS, COURT ROAD, MANJERI, MALAPPURAM - 676 121. ADV. SRI.TITUS MANI FOR R2 SRI.GEORGE CHERIAN(THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** M.A.C.A No.1327 of 2011 ***************************** Dated this the 3rd day of November, 2011 JUDGMENT BASANT, J. Claimants are the appellants. They are parents of a minor child, aged 31/2 years, who suffered injuries and succumbed to such injuries on 10.08.2005. Against a total claim of Rs.2,86,500/-, the Tribunal awarded only a total amount of Rs.74,500/- as per the details given in para.15 which we extract below: Sl.No. Head of claim Amount awarded 1 Transport to hospital Rs. 1,000.00 2 Damage to clothing Rs. 500.00 3 Funeral expenses Rs. 3,000.00 4 Loss of love and affection Rs.10,000.00 5 Pain and sufferings to the victim Rs.10,000.00 6 Loss of future economic benefits Rs.50,000.00 Total Rs.74,500.00 2. We have heard the learned counsel for the appellants and the learned counsel for the 2nd respondent/insurance company, who has been made entirely liable under the impugned M.A.C.A No.1327 of 2011 2 award to pay the compensation. The challenge is raised only against the quantum of compensation. 3. The learned counsel for the appellants only submits that the amount awarded is grossly insufficient. At least the amount payable under Section 163A of the Motor Vehicles Act ought to have been paid, contends the learned counsel. The learned counsel for the appellants in this context places reliance on the decision in National Insurance Company Ltd. v. Muneer [2003(1) KLT 137] , Abdulla V. Abdulkhader Kunju [2011(3) KLT S.N 158] and Sreedevi V. K.S.R.T.C [2011(3) KLT 716]. 4. We find merit in the contention of the learned counsel for the appellants. Ascertainment of the quantum of compensation payable in respect of a deceased child, who had not started earning, do poses great challenge to the Court. It is in this context that this Court has taken the view that at least minimum amount payable under Section 163A can be fixed as the quantum of compensation payable. In that view of the matter, we are satisfied that the appellants are entitled for a total amount of Rs.2,44,500/- as compensation as per the details given below: M.A.C.A No.1327 of 2011 3 i) Compensation for fatal accident under clause(1) of the Second Schedule to the M.V Act : Rs.2,40,000.00 (3,60,000 X 2/3) ii) Compensation for funeral expenses under Section 3(i) of the Second Schedule : Rs. 2,000.00 iii) Compensation for loss of estate under clause 3(iii) of the Second Schedule : Rs. 2,500.00 ---------------------- Total : Rs.2,44,500.00 ========= 5. In coming to this conclusion we have included the deceased child under horizontal entry No.1 (up to 15 years) in the table under column 1 of the Second Schedule). Relying on clause 6 we have assumed that the non earning child can be reckoned as earning Rs.15,000/- per annum. We are consequently including the child under vertical entry No.10 which deals with the persons earning above Rs.12,000/- upto Rs.18,000/-. It is thus that we have arrived at the figure Rs.3,60,000/-. Out of that, 1/3 has been deducted leaving expense of the victim under the note to column 1. 6. The above discussions lead us to the conclusion that the appellants are entitled to a further amount of Rs.1,70,000/- (Rs.2,44,500/- minus 74,500) as compensation in addition to the M.A.C.A No.1327 of 2011 4 amount already awarded by the Tribunal under the impugned award. 7. In the result: a) This M.A.C.A is allowed in part; b) The appellants are found entitled to a further amount of Rs.1,70,00/- (Rupees One lakh seventy thousand only) in addition to the amount already awarded by the Tribunal under the impugned award; c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as directed by the Tribunal; d) We make it clear that the appellants shall be paid proportionate cost for the proceedings before the Tribunal on the entire amount of compensation awarded as held in Jeena V. Satheesh Babu.K [2011(3) KLT 943] ; e) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/