CHANDRABOSE @ RAJAN Vs. SHAJU KURIAN

JUDGEMENT

(1.) THE claimants in O.P.(M.V.)No.2243/2006, before the Motor Accidents Claims Tribunal, Kottayam, are the appellants herein. They are the parents of a 7 year old girl child, who died in a motor accident, caused by the negligent driving of a vehicle, owned by the 1st respondent and insured with the 2nd respondent. They filed the O.P.(M.V.) claiming compensation for the death of the child. After finding the negligence on the part of the driver of the vehicle, the Tribunal awarded compensation under four heads as follows:

(2.) THE First contention of the appellant is that although, as per the decision of the Supreme Court in Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802 (SC)], the multiplier to be adopted in the case of a child is 15, the Tribunal has adopted only 13 as the multiplier. The second contention is that no amount has been paid for pain and sufferings of the deceased, for which a conventional amount is awardable. It is also submitted that no amount has been awarded for loss of estate. It is further contended that the appellants had produced a bill for mobile mortuary, amounting to Rs.2,500/-, in respect of which no compensation was awarded, although the appellants had proved the bill for the same, which is Ext.A13.

(3.) WE have considered the rival contentions in detail.