IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MFA.No. 992 of 2002 OPMV.369/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR APPELLANTS: PETITIONERS ---------------------- 1. V.V.ABDULLA, S/O.KUNHIPPIDEENKUTTY, VETTIYAM VEETTIL HOUSE, P.O.VETTOM, TIRUR. 2. AMINA BEEVI, W/O.V.V.ABDULLA, VETTIYAM VEETTIL HOUSE, P.O.VETTOM, TIRUR. 3. V.YAZER, (MINOR) REPRESENTED BY NEXT FRIEND MOTHER AMINA BEEVI, -DO- -DO- BY ADV. SRI.T.KRISHNAN UNNI RESPONDENTS: RESPONDENTS ------------------------ 1. MADAMBAT ABDUL SALAM, S/O.ENIKUTTY, P.O.NIRAMARUTHUR, NIRAMARUTHUR AMSOM, DESOM, KALAD, TIRUR TALUK. 2. C.K.AKBAR, S/O.ISMAIL, CHEERAM KULANGARA, KALPAKANCHERY P.O., TIRUR. 3. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.11, NOOR COMPLEX, MAVOOR ROAD, CALICUT. R1 BY ADV. SRI.K.P.MUJEEB THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 992 OF 2002 E ---------------------------------------------------- Dated this the 19th March, 2008 JUDGMENT J.B.KOSHY, J. A seventeen year old boy died in a motor accident and his father, mother and minor brother claimed for compensation amounting to Rs.3,50,000/-. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. The only dispute is regarding the quantum of compensation awarded by the Tribunal. 2. The Tribunal awarded only a total compensation of Rs.84,800/-. For loss of dependency, the Tribunal has awarded Rs.76,800/-. According to the claimants, the deceased was employed as Electronics Repairer, earning Rs.2,000/- per month. In the absence of any evidence, the Tribunal did not accept the same and fixed the monthly income of the deceased at Rs.1,000/-. In 1994, as per the Second Schedule, the notional annual income of a non-earning person can be fixed at Rs.15,000/-. Therefore, we are of the view that even if the deceased was a non-earning person, Rs. 15,000/- can be fixed as the notional annual income in this case also. After deducting one-third, for the purpose of calculation of compensation, the yearly loss of dependency can be fixed at Rs.10,000/-. Then the question is what is M.F.A. NO. 992 OF 2002 :: 2 :: the multiplier to be used. The deceased was aged 17 at the time of accident. The Tribunal fixed 16 as the multiplier. Here, the mother of the deceased was the real claimant. The father was 46 years and mother was five years still younger. Taking the age of the claimants, fifteen only can be taken as the multiplier. It is true that death of a seventeen year old boy is a grave loss to the family and it cannot be measured in money, but we have to fix the compensation. As per the guidelines fixed in the second schedule, the compensation payable for loss of dependency will be Rs.1,50,000/-. The Tribunal has granted only Rs.76,800/-. Thus, the additional compensation payable will be Rs.73,200/-. The above additional compensation of Rs.73,200/- now granted will be deposited by the third respondent insurance company with 7.5% interest from the date of application till deposit, over and above the compensation awarded by the Tribunal. On deposit of the amount, the second appellant, mother is allowed to withdraw the same. The Miscellaneous First Appeal is allowed partly. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. ----------------------------------------- ----------------------------------------- M.F.A.NO. 992 OF 2002 JUDGMENT 19th March, 2008 ----------------------------------------- --