The court finds compensation for the death of a minor must align with established precedents, resulting in an aided enhancement.

JUDGMENT

This appeal is filed by the claimants in OP(MV) No.428 of

2011 on the file of the Motor Accidents Claims Tribunal, Alappuzha, seeking enhancement of the award amount for the death of their minor child. The respondents herein were the respondents before the tribunal.

2. According to the appellants/claimants, on 08.03.2011 at about 07.45 a.m., while the deceased who was aged 14 years, was pedalling his bicycle along Arattuvazhy junction, a motorcycle bearing registration No.KL-03/R-8331 ridden by the second respondent in a rash and negligent manner knocked down the deceased and as a result, the minor child sustained serious injuries and succumbed to the injuries on 10.03.2011. The claimants, who are the legal representatives of the deceased, approached the tribunal claiming a total compensation of ₹9,09,000/-.

3. The first and second respondents were the owner and the rider of the motorcycle respectively. The third respondent, insurer filed a written statement, admitting the insurance policy of the motorcycle, denying the liability and disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A6 were marked. The tribunal, after analysing the pleadings and materials on record, found that the accident occurred due to negligence on the part of the second respondent and the appellants/claimants were awarded a sum of ₹3,82,030/-, as compensation under different heads with interest @ 8% per annum from the date of petition till realization with proportionate cost against the third respondent insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants, who are the legal heirs of the deceased minor child, have come up in appeal.

4. Heard the learned counsel for the appellants and the learned standing counsel for the respondent insurer.

5. The learned counsel for the appellants submitted that the deceased was a fourteen year old child and the tribunal ought to have followed the dictum laid down by the apex court in Kusmi Devi v. Md. Kasim & another [2023 KHC 5362], wherein, the apex court awarded a consolidated compensation of ₹6,00,000/- in the case of a three-year-old child, who died in a motor vehicle accident in the year 1994 and thus sought enhancement of compensation.

6. On a perusal of the impugned award, it is seen that the deceased was a minor aged only fourteen years at the time of the accident and the tribunal has awarded only an amount of ₹3,82,020/- .The Apex Court in Kusmi Devi v. Md. Kasim & another [2023 KHC 5362], has awarded an amount of ₹6,00,000, including global compensation. Hence, following the judgment in Kusmi Devi (supra), I find that the appellants are also entitled to get a consolidated compensation of ₹6,00,000/-. Since the tribunal has awarded only an amount of ₹3,82,030/-, the appellants will be entitled to get an additional compensation of ₹2,17,970/-

Since the appeal is of the year 2015, I fix the interest on the enhanced compensation @ 7% per annum from the date of the claim petition till realization.

Accordingly, the appeal is allowed in part and the appellants/claimants are awarded an additional compensation of ₹2,17,970/- (Rupees Two lakh Seventeen Thousand Nine Hundred and Seventy only) over and above the compensation awarded by the tribunal with interest @ 7% per annum from the date of petition till realization and proportionate costs. The respondent insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The appellants shall furnish copies of the PAN Card, AADHAAR Card and bank details before the respondent insurer within a period of one month so as to enable the insurance company to make the deposit as ordered abov