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2000 DIGILAW 60 (KER)

Ibrahimkutty v. Ajayakumar

2000-01-28

M.R.HARIHARAN NAIR, P.A.MOHAMMED

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JUDGMENT M.R. Hariharan Nair, J. 1. The appellants' daughter Maryathu aged 7 died in a motor accident involving motor bike No. KRU 9980 which knocked her down. The claim was laid before the Motor Accidents Claims Tribunal, Kollam for a total sum of Rs.2 lakhs. As against the claim of Rs.25,000/- under Part I, the Tribunal allowed only Rs. 10,000/- and as against the claim of Rs.1,75,000/- under Part II, the Tribunal allowed only Rs.50,000/-. 2. The learned counsel for the petitioners submitted that the compensation allowed by the Tribunal is totally insufficient and that the deceased had a bright future. If she had survived the accident, she had the possibility of acquiring good education which in turn would have led to good employment with high salary and all that has been lost in consequence off the accident. 3. The tenability of the said contention may be examined. It may be true that she might perhaps have become bright in education and after years/become lucky enough to get good employment with high salary. But it may also turn out to be the reverse. Both are equally possible. The talents and capacities of the child and the possibilities in future life are not tested and proved at such young ages; say upto 10 years. The future of a very young child is thus totally unpredictable. It is taking into account this aspect, that the courts have been consistent in not awarding high compensation where the death of young children are involved. 4. The decision cited by the petitioners viz.Vimala v. Ramzan Khan (1987 ACJ Rajasthan 34) has absolutely no application to the facts of the present case. That was not a case arising from death of any child. On the other hand, the facts narrated therein will lead to the fact that the claimants therein were dependant on the deceased to the extent of Rs.325/- per months. 5. In the absence of any clear indication as to the possible future of a young child, or any extra ordinary circumstances, we are of the view that the Tribunals would be justified only in granting the compensation of the minimum for loss of any life. In this case, the amount fixed for no fault liability has been awarded. In addition, the Tribunal has also granted Rs. In this case, the amount fixed for no fault liability has been awarded. In addition, the Tribunal has also granted Rs. 10,000/- towards pain and suffering which the deceased might have undergone during the three days when she lived after the accident. In N.I.C. Co. v. Satpal Singh and others (2000)1 SCC 237 ) the grant of compensation of Rs.50,000/- for the death of a 10 years old girl has been approved by the Apex Court. It cannot therefore be stated that the compensation granted in this case is inadequate or improper. 6. We are of the view that the compensation allowed in the case is proper and sufficient. The appeal is without merit and it is accordingly dismissed.