IMPORTANT POINT
Compensation for deceased minors should be calculated using the global compensation method, ensuring all relevant heads are considered, including funeral expenses and loss of estate.

JUDGMENT :

(Easwaran S., J.)

The claimants before the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)No.753 of 2017 are the appellants.

2. One Sreesabari a minor died in a motor accident on 20.07.2017 at 4.10 p.m. Sreesabari and his mother were travelling on a motor cycle bearing Registration No.KL-48-H-2219 ridden by the 2nd petitioner (father) from the bus stand at Ottapalam to Railway Station. When it reached in front of K.V. Textiles at Ottapalam, Autorickshaw bearing Registration No.KL-51-B-3683 driven by the 1st respondent in a rash and negligent manner hit against the motorcycle and as a result of the impact, the victim child sustained fatal injuries and his mother sustained grievous injuries. Though the injured were taken to the hospital, the minor child died on the next day i.e on 21.07.2017. The liability was indemnified by the 2nd respondent.

3. On the side of the claimants, Exts.A1 to A16 were marked. On the basis of the evidence on record, the Tribunal found that in respect of the death of the minor, an amount of Rs.2,44,500/-in addition to the ambulance charges of Rs.5,000/-and treatment expenses of Rs.11,150/-is to be allowed and accordingly awarded the compensation.

4. Aggrieved by the award of the compensation at a lower level, the claimants are before this Court with the present appeal.

5. I have heard Sri.Nimod A.R, learned counsel appearing for the appellants and Sri.Lal K. Joseph, learned counsel appearing for the Insurance Company.

6. The learned counsel appearing for the appellants primarily contended that the award of the compensation by the Motor Accidents Claims Tribunal is too meagre. The Tribunal did not award compensation under the head funeral expenses and loss of estate and going by the principles laid down by the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi [2017 (4) KLT 662], they are entitled for the compensation under the heads of funeral expenses and loss of estate. It is further contended that going by the judgment of the Hon'ble Supreme Court in Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram and Others [(2018) 18 SCC 130], the Tribunal erred in not granting compensation towards love and affection and ignoring the principles of parental and filial consortium.

7. On the other hand, Sri.Lal K. Joseph, learned counsel appearing for the respondent would contend that, in case of death of a minor child, it is not possible for the Tribunal to award compensation by calculating the notional income and applying the multiplier. The only method under which these compensations could be awarded is by calculating the compensation on a just and reasonable basis. In fact, Section 166 of the Motor Vehicles Act, 1988 only contemplates awarding compensation on a just and fair manner. He relied on the judgment of a learned Single Bench of this Court in Vinod v. Suresh Kumar [2023 KHC 191] in support of the above proposition.

8. I have considered the rival submissions raised across the Bar.

9. At the outset itself, it is to be noted that the Tribunal has arrived at the compensation and fixed it as Rs.2,44,500/-without any basis. A perusal of the award shows that there is no discussion on the part of the Tribunal as to how the aforesaid amount was arrived at.

10. The issue of granting compensation in respect of a deceased minor child had been a serious point of dispute. Various High Courts have taken different views, but ultimately, the endeavour was always to arrive at a compensation, which is only just and fair.

11. In Meena Devi v. Nunu Chand Mahto @ Nemchand Mahto and Others [2022 KHC 7080], the Hon'ble Supreme Court considered the issue on awarding the compensation for a deceased minor child. A reading of the aforesaid judgment, especially paragraph No.13 shows that the Hon'ble Supreme Court, took the notional earning of the child at Rs.30,000/-including future prospects and applied the multiplier of 15 in view of the decision of the Hon'ble Supreme C