The court reduced the awarded compensation for a minor death in a motor accident, aligning it with precedent in similar cases.

JUDGMENT

This appeal is filed by the second respondent/insurance company in OP(MV) No.911 of 2011 on the file of the Motor Accidents Claims Tribunal, Manjeri, challenging the quantum of compensation for the death of a minor child aged 4 years. The respondents herein are the claimants before the tribunal.

2. The brief facts of the case is as follows: on 01.06.2011 at about 12.00 p.m., while the deceased, a four year old baby, was travelling in an autorickshaw bearing registration No.KL- 10-AD-3328 from Mannampara to his house, due to the rash and negligent driving of the first respondent in excessive speed, the deceased was thrown to the road and as a result, the autorickshaw ran over the body of the minor child. Due to the accident, the minor child sustained serious injuries and succumbed to the injuries on the way to the hospital. The claimants, who are the legal representatives of the deceased, approached the tribunal claiming a total compensation of ₹2,00,000/-.

3. The first respondent was the driver-cum-owner, the second respondent was the insurer of the vehicle, and the supplemental third respondent was the insured of the offending vehicle. Though notice was served on the supplemental third respondent, he remained absent and was set ex parte before the tribunal. The first respondent filed a written statement admitting the accident, but denied the negligence alleged in the claim petition. The second respondent insurer filed a written statement, admitting the insurance policy of the autorickshaw, denying the liability and disputing the quantum of compensation claimed. They contended that the insurer was one Shiju Kuruvila at the time of accident. They further contended that the first respondent was not having a valid badge to drive the autorickshaw at the time of the accident.

Before the tribunal, Exts.A1 to A3 and Exts.B1 and B2 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 first respondent and the claimants were awarded a sum of ₹7,81,000/-, as compensation under different heads with interest @ 9% per annum from the date of petition till realization with proportionate cost against the second respondent insurer. Challenging the quantum of compensation awarded by the tribunal, the insurance company has come up in appeal.

4. Heard the learned Standing Counsel for the appellant/insurer and the learned counsel for the respondents/claimants.

5. The learned Standing Counsel for the appellant insurer submits that the compensation awarded under the heads, loss of pecuniary benefits, loss of estate and loss of love and affection are on the higher side. On a perusal of the impugned award, it is seen that the claim was raised in respect of the death of a four year-old minor boy, who lost his life in an accident that occurred in 2010. The apex court in Kusmi Devi v. Md. Kasim & another [2023 KHC 5362] 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.

6. On a perusal of the award, it is seen that the tribunal had awarded an amount of ₹7,81,000/- as compensation to the claimants, which appears to be on the higher side. Considering the fact that the deceased was aged only 4 years at the time of accident, I find it appropriate to follow the judgment in Kusmi Devi (supra), and find that the claimants are entitled to get a consolidated compensation of ₹6,00,000/-. Since the tribunal has awarded a total compensation of ₹7,81,000/-, there will be a deduction of ₹1,81,000/-.

Accordingly, the appeal is partially allowed and the impugned award dated 31.05.2016 in O.P.(MV) No.911 of 2011 of the Motor Accidents Claim