IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 16 of 2007()
1. UNITED INDIA INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. JOSEPH, S/O. THOMAS,
... Respondent
2. SUNI, W/O. JOSEPH -DO-.
3. MEENAKSHI SUNDARAM, S/O. MADASAMI,
4. M. MURUGAN, S/O. MADASAMI -DO-.
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.BABY THOMAS
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :28/11/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.A.C.A.No.16 of 2007 - A
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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/-