MADHU SUDAN Vs. Y.THANKACHAN

JUDGEMENT

(1.) THIS appeal is filed by parents of deceased Ultsa who met with a motor accident while she was studying in the 4th standard in the Central School, Adoor. A petition was filed under Section 166 of the Motor Vehicles Act ('M.V.Act', for short) by her parents before the Motor Accidents Claims Tribunal ('the Tribunal', for short) claiming a total amount of compensation of Rs.4 lakhs from the respondents 1 and 2 who are the driver-cum-owner and the insurance company.

(2.) THE 1st respondent was set ex parte before the Tribunal. The 2nd respondent filed written statement and disputed the accident and various other facts such as the negligence of the driver, the entitlement for claim as legal heirs, liability of 2nd respondent for payment of compensation etc. No oral evidence was adduced by both sides. On the side of the appellants, Exts.A1 to A12 were marked.

(3.) ON going through the impugned award, we are of the view that since compensation is already granted under the head loss of dependency/loss of estate at Rs.1,50,000/- on multiplier method, in the case of death of a child aged 9 years, no further amount need be given for loss of life, as requested. It can also be seen that towards loss of love and affection an amount of Rs.10,000/- was granted and towards loss of dependency/loss of estate Rs.1,50,000/- was given. It is clear from the impugned award that the learned Tribunal was taking into account the loss sustained by the appellants by virtue of the death of their 9 year old child while awarding Rs.1,50,000/- under the head of loss of dependency/loss of estate. No amount was actually claimed under the head "loss of life".