Asha , J.,
The appellants are the father, mother and siblings of the deceased minor boy, aged four years who succumbed to the injuries in the accident which occurred on 26.6.2002. Hence, the appellants filed this appeal aggrieved by the inadequacy of compensation awarded by the Tribunal. The deceased met with the accident and he was knocked down by a jeep bearing registration No. KL 10 E-8431 while walking on the side of Tanur- Unniyal public road. Even though, he was taken to the Medical College Hospital, Kozhikode, he succumbed to the injuries on 1.3.2002. Claim petition was filed seeking compensation to the tune of Rs. 3,00000/-. The Tribunal awarded a sum of Rs. 1,50,000/-.
2. Learned counsel for the appellant submitted that the amount awarded by the Tribunal is thoroughly inadequate. At the same time, the learned counsel for the Insurance Company seriously opposed enhancement, relied upon the decision of the Supreme Court in ...........................2011 (1) KLT 783. Learned counsel for the appellant submitted that the appellants were entitled to the entire amount claimed by them as compensation in the light of the decision of the Supreme Court in Kishanrishna Gopal and Another v. Lala and Others (2013 KHC 4667) and the decision reported in Kumari Sree Devi and Others V. Managing Director, KSRTC, Tvm. and Others (2011 (3) KHC 922), the deceased was a 5 year old boy. We have considered the contentions raised by both sides. It is settled law that the claim to be awarded in a claim petition under Section 166 should not be less than the amount payable under Section 163 A of the Act. The deceased child was aged below 15 years therefore comes squarely under the first horizontal column in the table/chart given under clause 1 of the Second Schedule.
The amount may be awarded towards compensation have been prescribed. The children in the age group of 15 years have been shown separately therein. The notional income to be reckoned in the case of such children is fixed as Rs. 1,5000/- Thus the amount of annual income the amount of compensation under the head towards death of the victim would come to Rs. 2,40,000/- under this head.
3. The parents of the children sere aged only 20 and 30 at the time of filing petition. The mental agony on account of the loss of the child at the tender age would be not comparable and cannot be compensated by way of any monitory compensation. Therefore, under the head pain and suffering and mental agony, it is just and proper to award a sum of Rs. 50,000/-. The parents have lost expectations for being cared and protection by the child at their earlier age. Similarly, the siblings of the deceased also lost the company of the deceased boy. We therefore, grant a sum of Rs. 50,000/- towards loss of love and affection to parental care and loss of expectation. Therefore, the appellants will be entitled to a total compensation of Rs. 3,40,000/-.
4. We are of the view that the interest at the rate of 6% p.a.
is too low and we fix the interest at the rate of 9% p.a from the date of petition by relying upon the decision of the apex court reported in Supe Dei(Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513]. The Insurance Company is directed to deposit the entire amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment.
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
P.V.ASHA (JUDGE) T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
P.V.ASHA (JUDGE)