IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2365 of 2007()
1. THE NEW INDIA ASSURANCE COMPANY LIMITED
... Petitioner
Vs
1. A.K.MURALEEDHARA KURUP,
... Respondent
2. AJITHA M.KURUP, W/O.MURALEEDHARA KURUP,
3. ANOOP M.KURUP (MINOR), DO. DO.
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent :SRI.M.NARENDRA KUMAR
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :14/12/2009
O R D E R
P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ.
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M.A.C.A. No.2365 of 2007
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Dated this the 14th December, 2009
J U D G M E N T
Raman, J.
Appellant is the Insurer of the vehicle. A thirteen
year old girl child died in a motor accident, while the child along
with her parents and brother were travelling in a car, a bus
came from the opposite direction in a rash and negligent manner
hit the car, and due to forceful impact of the hitting, all the
passengers sustained severe injuries. They were taken to the
Government Hospital, Kayamkulam, and thereafter to the Medical
College Hospital, Alappuzha. While undergoing treatment, the
girl child succumbed to the injuries on 11.9.1998 at 3 p.m. It
is submitted that she was a brilliant student in her studies and
had bright future prospects. For the untimely death of the girl
child, it brought irreparable agony to the family and for the loss
MACA. 2365 of 2007
2
suffered by the family, compensation was claimed for an amount
of Rs.3,68,000/- under different heads.
2. The Tribunal found that the accident occurred as
a result of the negligent driving of the bus driver and proceeded
to calculate the compensation. The Tribunal awarded an
amount of Rs.3,25,000/- in all by way of compensation under
different heads. Hence, this appeal challenging the quantum.
3. The learned counsel appearing for the appellant
contended that the notional income of the minor was taken as
Rs.15,000/- per year, but one-third towards personal expenses
was not deducted. According to the counsel, only after deducting
one-third, the balance could be taken as the multiplicand. In this
connection, the learned counsel also placed reliance on New
India Assurance Co. Ltd. v. Sathender (2006 (4) KLT 974)
and held that in cases of death of young children, neither their
income at the time of death nor the prospects of the future
increase in their income, nor chances of advancement of their
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3
carrier are capable of proper determination on an estimated
basis.
4. We heard both sides. The fact that a minor child
is not earning as such any income by itself is no reason to deny
the dependency compensation to the parents, when due regard is
given to the fact that parents live on hope and expectation of
their children. The deceased girl was stated to be a bright
student and she is likely to have bright prospects in future. The
parents have got only two children and this is the only girl child.
Therefore, considering all these aspects into consideration, we
find that it will not be just or reasonable to calculate the amount
in a mechanical manner, since the very income is notionally
fixed, while taking one-third therefrom, the other factors cannot
be lost sight of. In this case, only an amount of Rs.10,000/-
was paid towards the ‘loss of love and affection’ to the parents.
According to us, the loss of the only girl child cannot be
compensated strictly in terms of money. Therefore, considering
the totality of facts into consideration, only an amount of
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Rs.50,000/- be reduced from the total amount of Rs.3,25,000/-
awarded by the Tribunal, and the balance amount is considered
to be a just and reasonable compensation.
To the above extent, the appeal is allowed. No
cost.
P.R.RAMAN, JUDGE
P.R.RAMACHANDRA MENON, JUDGE.
nj.
