The National Insurance Company is on appeal challenging the award dated 30.7.2007 passed in M.C.O.P.No.724 of 2004 on the file of the Motor Accidents Claims Tribunal (District Court), Salem.
2. The finding of rash and negligent driving on the part of the driver of the tempo and as responsible for the accident and the death and the consequent liability fixed on the appellant insurance company to compensate the claimants is not disputed by the counsel for the appellant and the same is confirmed. The only contention raised by the learned counsel for the appellant is on the quantum of compensation.
3. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 27.1.2004. The deceased minor Naresh Kumar, a 9 years old boy, was walking on the left side of the Krishnagiri-Royakottai main road. The tempo traveller bearing Registration No.TN-09-F-4269 belonging to the third respondent, driven by its driver in a rash and negligent manner hit the said Naresh Kumar. In that accident, the said Naresh Kumar died on the spot. The father aged 35 years and the minor sister aged 15 filed a claim for compensation in a sum of Rs.5 lakhs.
4. In support of the claim, the father of the deceased was examined as P.W.1. One David Anbalagan, the eye witness to the accident, was examined as P.W.2. Exs.A-1 and A-2 were marked, the details of which are as follows:-
Ex.A-1 is the photocopy of F.I.R., dated 27.1.2004 and Ex.A-2 is the copy of post-mortem report and 28.1.2004.
No oral or documentary evidence was let in on behalf of the appellant insurance company, the second respondent before the Tribunal.
5. The Tribunal relying on the decision of this court in M.Lakshmi and others vs. - D.Chandran and another reported in 2005(5) CTC 46, fixed the income notionally at Rs.15,000/- per annum and based on the age of the deceased, in terms of second schedule to
Section 163A of the Motor Vehicles Act, adopting multiplier 15 granted a sum of Rs.2,25,000/- (Rs.15,000/- x 15 = Rs.2,25,000/-) as compensation for the death of the child. The Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:-
Sl.No.
Head Amount granted by the Tribunal 1 Loss of pecuniary benefits Rs.2,25,000/-
Loss of love and affection to the father on the death of his son Rs. 10,000/-
6. The only contention raised by the counsel for the appellant is on the quantum of compensation, stating that the multiplier of 15 adopted by the Tribunal in a case of 9 years old student is on the higher side and therefore, the compensation has to be reduced.
7. On perusing the award of the Tribunal, this Court is not inclined to interfere with the award on the above contention and to reduce the quantum of compensation for the following reasons:-
(i) The accident in this case happened on 10.11.2004.
(ii) The deceased was a 9 years old boy student.
(iii) The Apex Court in Manju Devi and another vs. - Musafir Paswan and another reported in 2005 ACJ 99 = 2005(1) TAC 609(SC), granted a sum of Rs.2,25,000/- as compensation on the death of the 12 years old student. In the Apex Court's decision, the accident happened in the year 1999. In this case, the accident happened on 27.1.2004. Hence the quantum of compensation is justified.
(iv) The father losing his only male child at a tender age is a permanent scar in his life and the grief will linger till his life time. The minor sister lost her younger brother. Thus, in a claim for compensation in the case of death, the claimants are granted compensation under conventional heads, like loss of love and affection, funeral expenses and miscellaneous expenses and for loss of estate in the case of death of an earning member. The entitlement of the claimants for compensation on conventional heads cannot be disputed.
(v) The claimants in this case are father and minor sister claiming compensation on the death of 9 years old boy. The child is given education in a good school. The father will expect him to do well in life and his expectation of a bright prospects for his son has been shattered due to the untimely death. Hence, the claimants have to be compensated for loss of love and affection consequent to the death of his child. This will be in addition to compensation on other heads. Hence, the compensation granted under loss of love and affection is confirmed.
(vi) The sum of Rs.5,000/- granted towards transport and funeral expenses is justified.
8. Considering the above aspects, the total compensation in a sum of Rs.2,45,000/- is justified as also the interest granted at 7.5% as the accident happened in the year 2004 and the award was passed in the year 2007.
9. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant states that entire award amount has been deposited pursuant to the Execution Proceedings. The respondents 1 and 2/claimants are entitled to withdraw the award amount as per the order of the Tribunal. Consequently, connected miscellaneous petition is closed.
ts To The District Judge, (The Motor Accidents Claims Tribunal), Salem