IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 MACA.No. 1132 of 2011() ----------------------- OPMV.1407/2007 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): PETITIONERS ------------------------- 1. AJITHAKUMARI, VISWAMANGALAM, SOUTH MANKUZHI, PULLIKKANAKKU P.O. 2. SANTHAKUMAR, VISWAMANGALAM, SOUTH MANKUZHI, PULLIKKANAKKU P.O. 3. SREEKANDAN, VISWAMANGALAM, SOUTH MANKUZHI, PULLIKKANAKKU P.O., REPRESENTED BY HIS MOTHER AND GUARDIAN 1ST PETITIONER. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENT(S): RESPONDENTS -------------------------- 1. RAVEENDRAN, THULLAKKALATHIL, PUTHUVAL, MUTHUKULAM-690 560. 2. K.VISWANATHAN, KOICKALATHU HOUSE, MUTHUKULAM SOUTH P.O., PIN-690 506. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., KAYAMKULAM-690 502. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- M.A.C.A. No. 1132 of 2011 ------------------------------------------------- Dated this the 8th day of August, 2011 JUDGMENT Basant,J. The claimants are the appellants. They are the parents of a minor child aged 9 years who succumbed to the injuries suffered in an accident which took place on 30/4/2007. The Tribunal by the impugned award directed payment of a total amount of `2,50,000/- as against a claim which is limited to `5,00,000/-. The basis on which the amounts were granted is given in paragraph-7 of the impugned award which we extract below: Sl. No. Head of claim Amount award (in rupees) 1 Transportation and ambulance charges 2,500/- 2 Damage to clothing 500/- 3 Pain and suffering 5,000/- 4 Loss of dependency 2,25,000/- 5 Funeral expenses 2,000/- 6 Loss of estate etc., 5,000/- 7 Loss of future prospects 10,000/- 8 Total 2,50,000/- 2. The learned counsel for the appellants contends that the amount awarded under the head of loss of future prospects is M.A.C.A. No. 1132 of 2011 -: 2 :- insufficient. It is further contended that no amount particularly has been awarded under the head of loss of life. In these circumstances, it is prayed that the compensation amount awarded may be enhanced. 3. Computation of compensation for children who have not started earning has been one of the vexing problems of the law relating to computation of compensation. A child aged 9 years will have to live for a further period of more than a decade to start earning. Absolutely no satisfactory data has been placed before the court to enable the court to gather satisfactory and trustworthy indications of the possible attainments/capabilities of the child. In these circumstances, it is absolutely safe for the Tribunals to ascertain what amount would be payable under Sec.163A of the Motor Vehicles Act for being used as a guide. The decision of the Supreme Court in Malik v. Kiran Pal [(2009) 14 SCC 1] is relied upon by the learned counsel for the appellants to contend that in addition to the amounts awarded for pecuniary loss, further compensation is liable to be awarded for non-pecuniary loss and future prospects in respect of the children. We have gone through the decision in Malik (supra). That was a case where in respect of the children aged below 10 years, the Tribunal awarded a total compensation of `1,05,000/-, M.A.C.A. No. 1132 of 2011 -: 3 :- `1,30,000/- and `1,31,000/-. It was, in these circumstances, that the High Court and the Supreme Court awarded additional amounts under the heads of loss of life, loss of future prospects etc. 4. Reckoned as a claim under Sec.163A of the M.V. Act, a child aged less than 15 years can claim only an amount of 2,44,500/- as shown below when there is no further or better evidence to prove that the medical expenses were incurred: (i) Amount payable under Clause-1 - `2,40,000/- (`3,60,000/- x 2/3) (ii) Funeral expenses under Clause-3(i) - ` 2,000/- (iii) Loss of estate under Clause-3(iii) - ` 2,500/- ----------------- Total - `2,44,500/- ======= This is the compensation payable for children aged upto 15 years who come within the first horizontal entry. Assuming their income as non-earning persons who have not started earning with the aid of Clause 6(a) of the 2nd Schedule, the annual income can be reckoned at `15,000/-. This means that the child falls under the vertical Column No.10 relating to persons earning above `12,000/- upto `18,000/-. The amount payable as compensation in case of death of such a person is specified “in thousands” against the relevant entry where the 'X' and 'Y' axes meet. M.A.C.A. No. 1132 of 2011 -: 4 :- `3,60,000/- is the compensation specified in the table given in the 2nd Schedule. Against `2,44,500/- payable under Sec.163A of the M.V. Act, an amount of `2,50,000/- has already been awarded. There is no better evidence to prove any further loss. We are hence of the opinion that the amount awarded represents just and reasonable compensation which the Tribunal is expected to award. We are not persuaded to agree that any further amount is liable to be awarded in a case like the instant one. 5. This appeal is, in these circumstances, dismissed in limine. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge