The Civil Miscellaneous Appeal is filed by the appellants challenging the award dated 06.08.2001 made in M.C.O.P.No.54 of 1999 on the file of the Motor Accidents Claims Tribunal (Subordinate Court), Sivagangai.
2.The appellants are the claimants and the 2nd respondent is the Insurance Company. The claimants claimed a sum of Rs.2,00,000/- as compensation before the Tribunal for the death of one Ranjitha, who died in a road accident.
3.The facts of the case of the claimants are as follows:- It is the case of the appellants / claimants before the Tribunal that on 01.04.1998 when the deceased namely, Ranjitha along with her father was walking on the road, a van bearing registration No.TN-63/8046 came in a rash and negligent manner and dashed against the said Ranjitha. Due to the impact, she sustained grievous injury and died. According to the claimants, the deceased, aged about 7 years, was studying second standard at the time of accident and they claimed compensation before the Tribunal at Rs.2 lakhs.
4.The first respondent / owner of the vehicle was set exparte before the Tribunal.
5.The case of the claimants was resisted by the 2nd respondent / Insurance Company by filing a counter statement. According to the 2nd respondent, the rider of the vehicle had driven the vehicle carefully by following the traffic rules. Due to the careless on the part of the deceased herself only, the accident had taken place and hence, the 2nd respondent is not liable to pay compensation. Hence, the 2nd respondent / Insurance Company prayed for the dismissal of the claim petition.
6.Before the Tribunal on the side of the claimants as many as 6 documents were marked as Exs.P1 to P6 and P.W.1 and P.W.2 were examined as witnesses and on the side of the respondents no document was marked and no one was examined as witness.
7.After considering the oral and documentary evidence, the Tribunal held that due to the negligent driving of the driver of the van, the accident had occurred and hence, the 2nd respondent / Insurance Company was directed to pay the compensation of Rs.56,200/- with 9% future interest per annum. Against which, the present appeal is filed by the appellants / claimants for enhancement of compensation, by raising various grounds.
8.The learned counsel for the appellants relied on a decision of the Hon'ble Supreme Court reported in 2001 (8) SCC 197 (Lata Wadhwa and others Vs. State of Bihar and others) in which, the Supreme Court awarded a sum of Rs.2 lakhs for the death of children between the age group 5 to 10 years in a road accident. Therefore, the learned counsel for the appellants submitted that the deceased namely, Ranjitha was seven years at the time of accident and hence, the award of compensation has to be enhanced, in view of the decision of the Hon'ble Supreme Court. He also submitted that the amount awarded towards damages caused to the dress, loss of love and affection and funeral expenses are very low and the same have to be enhanced.
9.Per contra, the learned counsel for the 2nd respondent / Insurance Company has made his submissions by supporting the award passed by the Tribunal.
10.Heard the learned counsel for the appellants / claimants and the learned counsel for the 2nd respondent / Insurance Company and perused the records carefully.
11.The claimants claimed compensation for the death of Ranjitha. According to them, the accident occurred only due to rash and negligent driving of the driver of the mini bus. To substantiate their case, they examined P.W.2 eye witness, who spoke about the manner of the accident occurred. However, the 2nd respondent has not adduced any contra evidence to disprove the statement of P.W.2.
12.In these circumstances, the conclusion of the Tribunal that the accident occurred only due to rash and negligent driving of the driver of the mini bus, cannot be set aside. The Tribunal came to the conclusion only after appreciating all the materials on record in proper perspective and held that the 2nd respondent / Insurance Company is liable to pay compensation.
13.As far as quantum of compensation is concerned, this Court is inclined to enhance the same in view of the decision of the Hon'ble Supreme Court (cited supra). For loss of death of the child, the Tribunal did not award any amount to the family. In view of the decision of the Hon'ble Supreme Court, a sum of Rs.1,30,000/- is reasonable towards loss of the child to the family. For loss of love and affection, the Tribunal awarded a sum of Rs.4,000/-. This Court feels that a sum of Rs.10,000/- towards loss of love and affection is reasonable and hence, the same is awarded. For funeral expenses, the Tribunal awarded a sum of Rs.2,000/-. This Court feels, a sum of Rs.9,000/- towards funeral expenses is reasonable and hence, the same is awarded. For transportation, the Tribunal did not award any amount. This Court feels that a sum of Rs.1,000/- is reasonable for transportation and damages to the dress.
14.The award amount is enhanced to Rs.1,50,000/-. The claimants are entitled for the said amount. The Tribunal fixed the rate of interest at 9% per annum. After taking into consideration of the prevailing rate of interest during the relevant period, this Court fixes the rate of interest at 7.5% per annum.
15.Accordingly, the award dated 06.08.2001 in M.C.O.P.No.54 of 1999 passed by the learned Motor Accidents Claims Tribunal, Subordinate Court, Sivagangai, is hereby modified and the Civil Miscellaneous Appeal is partly allowed. The 2nd respondent / Insurance Company is directed to deposit the entire award amount with interest at 7.5% per annum from the date of MCOP till the date of deposit, with costs of MCOP, less the amount already deposited if any. Out of the award amount, the first appellant/father of the deceased is entitled to Rs.50,000/- and the second appellant / mother of the deceased is entitled to Rs.1,00,000/-. On such deposit being made, the appellants are permitted to withdraw their respective shares with proportionate accrued interest and cost, after filing formal petition before the Tribunal. No costs.
To
1.The Motor Accidents Claims Tribunal (Subordinate Court), Sivagangai.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
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