The Court held that compensation for a minor's death must reflect current values, establishing a notional income of Rs.15,000 per annum and applying an appropriate multiplier for just compensation.

JUDGMENT :

B.V.L.N. Chakravarthi, J.

Challenging the order dated 16.06.2007 passed in M.V.O.P.No.1063/2004 on the file of Motor Accidents Claims Tribunal-I Addl.District Judge, Rajahmundry, the appellants/claimants filed the appeal.

2. The appellants/claimants filed claim petition before the learned Tribunal U/s.166 of Motor Vehicles Act, 1988 claiming compensation of Rs.2,00,000/- for the death of S. Mohan Kumar @ Srinu, alleging that on 02.06.2003 Sadey Mohan Kumar @ Srinu only son of these claimants proceeding on his cycle towards Pamarru side to his village Amujuru and at about 07.30 p.m., when he reached near Field Canal Bridge, then tractor and trailer bearing No.AP 5T 4600 and AP 5T 3019 driven by the 1st respondent in a rash and negligent manner at high speed dashed the cycle of said Mohan Kumar, due to that he fell down and rear side wheel of tractor ran over his head, caused instantaneous death; Thus, the accident was occurred due to rash and negligent driving of 1st respondent driver of tractor and trailer and they are insured with respondents No.3 and 5; The deceased is only son of claimants and he is working as a cycle repairer, aged about 13 years and earning a sum of Rs.80/-per day; The said accident was registered as a case in Cr.No.53/2003 against the 1st respondent by Pamarru Police.

3. The 1st respondent filed written statement, denying the allegations and contended that the accident was occurred due to the negligence of deceased only, as such, there is no liability on the part of respondents No.1 and 2; The vehicle is insured with the 3rd respondent; The 1st respondent is having valid driving licence. There is no rash and negligent act on the part of 1st respondent for occurring the accident.

4. The 2nd respondent filed written statement, denying the allegations and contended that her name is not E. Rajeswari as described in the petition and her correct name is Bikkina Rajeswari and her husband is alive; The accident was occurred due to negligence of deceased only, as such, there is no liability on the part of respondents No.1 and 2; The vehicle is insured with 3rd respondent; The 1st respondent is having valid driving licence.

5. Before the learned Tribunal, the 3rd respondent/National Insurance Company Limited filed written statement, while traversing the material averments with regard to manner of accident, rash and negligence on the part of the driver of the crime vehicle, nature of injuries, age and avocation of the deceased, liability to pay compensation, and contended that the claimants have to prove that the driver of the tractor and trailer was having valid driving licence and the said vehicle is having valid documents and they are insured with the 3rd respondent and the insurance policy is in force by the date of accident; It is further contended that the deceased boy was not earning anything at the time of alleged accident; The claim of claimants is excessive and they are not entitled for the amount as claimed; The 3rd respondent filed additional written statement, contending that the tractor bearing No.AP 9T 4600 is owned by B. Sridevi daughter of Venkata Raju of Kotipalli; The claimants have impleaded the owner and insurer of the trailer only; As the trailer is not self-propelling vehicle, the owner and insurer of the tractor are proper and necessary parties to the proceedings; Hence, the petition is bad for non-joinder of necessary parties; The tractor No.AP 5T 4600 has no permit to ply with trailer bearing No.AP 5T 3509; Thus, there is no valid permit for plying of tractor and trailer in that combination.

6. The 5th respondent/New India Assurance Company Limited filed written statement denying the allegations, and contended that the 1st respondent is driver of trailer and 4th respondent is owner of the trailer; It is further contended that the said boy under the stage of confusion in peddling cycle, he himself fell down from the cycle and the back wheel of the tractor ran over the head of deceased,