IBRAHIMKUTTY Vs. AJAYAKUMAR

JUDGEMENT

(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.