IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 MACA.No. 16 of 2007() ------------------------------- OPMV.538/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 3RD RESPONDENT: -------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): PETITIONERS 1 & 2 AND RESPONDENTS 1 & 2:RESPECTIVELY -------------------------- 1. JOSEPH, S/O. THOMAS, THADIKKAPARAMBIL, ARUVITHURA P.O., ERATTUPETTA VILLAGE. 2. SUNI, W/O. JOSEPH -DO-. * 3. MEENAKSHI SUNDARAM, S/O. MADASAMI, METTU STREET, METHANIPURAM, MADHURA.(DELETED) * 4. M. MURUGAN, S/O. MADASAMI -DO-. (DELETED) *THE NAMES OF RESPONDENTS 3 AND 4 ARE DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DT. 5.6.07 IN IA. 885/07. ADV. SRI.BABY THOMAS FOR R1-2 SRI.GIGIMON ISSAC FOR R1-2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.16 of 2007 - A =============================== Dated this the 28th day of November, 2008. J U D G M E N T KOSHY, J. A four year old child sustained fatal injuries on 16.9.2000. She was taken to the hospital, life saving medicines were given but ultimately she died. Total compensation including reimbursement of medical expences awarded by the Tribunal is Rs.2,38,900/-. Insurance company challenges the quantum of compensation in this appeal. Accident occurred on 16.9.2000. Tribunal has fixed Rs.1,500/- as notional monthly income and deducted one third for calculating family contribution. Loss of a child cannot be measured in terms of money. However, compensation has to be calculated on the basis of notional basis only. Under 2nd schedule, notional income of a non-earning person is fixed as Rs.1,250/- (Rs.15,000/- per year). But that sum of Rs.15,000/- per year was fixed in the year 1994. The accident in this case occurred in 2000. Considering the erosion of money value after 7 years, we are of the opinion that Rs.1,500/- M.A.C.A.No.16 of 2007 - A 2 fixed as monthly income is not excessive so as to warrant interference by this Court. It is true that when a child dies, multiplier cannot be fixed on the basis of the age of the child as fixed in 2nd schedule as is applicable under Section 166. But age of the claimants should be taken into account. Here, mother was aged only 29. Going by the 2nd schedule, 18 is the multiplier. Father was aged 37. Then, 16 is the multiplier. Going by the 2nd schedule of age of the child, 15 is the multiplier. Tribunal has taken the lowest multiplier. Therefore, in this case, compensation has been granted in a reasonable manner. We find no ground to interfere with the same and accordingly, the appeal is dismissed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-