IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1144 of 2002()
1. THE NEW INDIA ASSURANCE COMPANY LTD.,
... Petitioner
Vs
1. SAILAJA, D/O. DEVAKI, VELIVILAKATH VEEDU
... Respondent
2. ARUNKUMAR, S/O. SURENDRAN,
3. RAJESH JOSEPH, SL/O. JOSEPH MATHEW,
4. SATHISH KUMAR. G., S/O. GOPALAN NAIR,
5. SURENDRAN, S/O. SIVASANKARAN,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.J.HARIKUMAR
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.M.JOSEPH
Dated :15/01/2008
O R D E R
J.B.KOSHY & K.M.JOSEPH, JJ.
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M.F.A.No.1144 of 2002
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Dated this the 15th day of January, 2008
JUDGMENT
Koshy, J.
A 14 year old girl sustained fatal injuries in an accident on
10.12.1998. The Tribunal calculated compensation of
Rs.5,67,000/- but awarded only Rs.5,00,000/- as the legal
representatives claimed only Rs.5,00,000/-. The insurance
company questioned quantum of compensation in this appeal.
2. The deceased was a 14 year old girl studying in 10th
standard. The Tribunal has taken Rs.4,500/- as the monthly
income because she was an extremely brilliant girl and
participated in various competitions and a certificate holder of
International Karate Organisation and NCC cadet. She was only
aged 14 years old and was only a student. The future cannot be
predicted. It is true that death of a child cannot be measured in
terms of money, but at the same time for granting compensation
some principles have to be followed. Supreme court has held
MFA 1144/2002 2
that second schedule can be taken as a guideline and as per the
second schedule, Rs.1,250/- was fixed as the monthly income of a
non- earning person (Rs.15,000/- per year). Here, the accident
occurred in 1998. As observed by the Tribunal, the girl was an
NCC cadet and has appeared in National Karate competition etc.
She was an extremely brilliant girl. Considering these
circumstances, we are of the opinion that at least Rs.1,800/- can
be fixed as notional monthly income instead of Rs.4,500/- fixed
by the Tribunal. After deducting 1/3rd multiplicant will be
Rs.1,200/-. As per the second schedule, if the age of the victim is
14, the multiplier to be fixed is 15. If the age of the father and
mother are taken into account 15 is the multiplier to be taken.
Therefore, compensation payable for disability and family
contribution will be Rs.1,200x12x15=2,16,000/-. The girl
sustained the accident at about 4.30 p.m. and within one hour,
she died. The Tribunal awarded Rs.8,000/- for pain and
sufferings. We see no ground to change the same. For
transportation of the injured to hospital and taking back the dead
body, we award Rs.2,000/- for transportation expenses and
Rs.3,000/- for funeral expenses. For loss of estate Rs.5,000/- is
MFA 1144/2002 3
granted instead of Rs.15,000/- awarded by the Tribunal. For loss
of love and affection another Rs.10,000/- is granted instead of
Rs.5,000/- awarded by the Tribunal. Thus, total amount of
compensation payable is Rs.2,44,000/-. The above amount should
be deposited by the appellant insurance company after
deducting any amount already deposited with same rate of
interest and proportionate costs awarded by the Tribunal from
the date of application till the date of deposit. It is submitted by
the counsel for the respondents, R1 and R2, that fourth
respondent, father of the child died. Therefore, on deposit of
compensation, it is allowed to be withdrawn by the respondents
1 and 2 in equal proportion.
The appeal is allowed to the above extent.
J.B.KOSHY, JUDGE
K.M.JOSEPH, JUDGE
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