IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 MFA.No. 175 of 2003() --------------------- OPMV.1355/1996 of II ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANTS: PETITIONERS: ----------- 1. SANTHAKUMARI D/O. SARAMMA, PLAVILA PUTHENVEEDU, EDAVATTOM, B.VELLIMON P.O., KUNDARA. 2. SYAMARAJ, AGED 15 YEARS, S/O. SANTHAKUMARI, PLAVILA PUTHENVEEDU, EDAVATTOM B, VELLIMON P.O., KUNDARA, REPRESENTED BY HIS MOTHER, THE FIRST APPELLANT. BY ADV. SMT.M.MEENA JOHN RESPONDENTS: RESPONDENTS ------------------------ 1. BALAKRISHNAN S/O. RAMANUJAN, VINADANAGAR, KAMARAJ DISTRICT, TAMILNADU.(DELETED) 2. K.KANNAN S/O. KANDASWAMY NO.1 NELAPAHMAGRAM, MADURAI 1ST STREET, TAMILNADU.(DELETED) 3. DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., ANUPPAKOTTAL BRANCH. THE 1ST AND 2ND RESPODENTS ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 18-3-2008 IN I.A.No.686/08 BY ADV. SRI.C.V.BIMAL ROY FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 175 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 JUDGMENT Koshy, J. Girl child of the 1st appellant sustained injuries in a motor accident on 21-7-1996. She succumbed to the injuries while undergoing treatment in the Medical College Hospital, Thiruvananthapuram. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle, insured by the 3rd respondent. The only dispute is regarding the quantum of compensation. 2. The child was only 8 years old at the time of the accident. First appellant, mother of the child was 31. She was also a widowed-mother. Second appellant is the brother. The loss of child cannot be estimated in terms of money. Quantum of compensation has to be calculated in a scientific manner. The accident occurred before the introduction of the Second Schedule. In 1994 when Second Schedule was forced, notional income of a non-earning parson was fixed as Rs.15,000/- per annum for calculating compensation for death and other injuries. Child was only 8 years old. As per Second Schedule, the multiplier is 15. The mother was MFA 175/03 -2- aged 31. If so apt multiplier is 17. Apex Court held that in case of unmarried persons the multiplier which ever is lower should be taken into account. Considering the facts and circumstances, we are of the view that 15 is the apt multiplier. From the notional income of 15,000/-, 1/3rd is to be deducted and hence yearly family contribution is Rs.10,000/-. If that be so, taking 15 multiplier, compensation payable will be Rs.1,50,000/-. Tribunal has granted only Rs.50,000/- towards love and affection and loss of dependency. Hence, additional compensation payable will be Rs.1,00,000/-. We find no ground to interfere with the amount granted under other heads. 3. In the circumstances, the appellants are entitled to Rs.1,00,000/- over and above the amount granted by the Tribunal. Additional amount of Rs.1,00,000/- should be deposited by the 3rd respondent Insurance Company with 7.5% interest per annum from the date of application till its deposit. On deposit the first appellant is allowed to withdraw the same. Accordingly, the appeal is allowed as above. J.B. Koshy, Judge K. Hema, Judge mn. MFA 175/03 -3- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 175 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd day of April, 2008