The central legal point established in the judgment is the assessment of compensation for the death of a minor child, considering the emotional and non-pecuniary aspects, and applying legal principles from previous judgments to determine the notional income, deduction towards personal expenses, and the appropriate multiplier for calculating the loss of dependency.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Order and Decree dated 12.10.2018, made in M.C.O.P.No.397 of 2015, on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tirupattur.)

1. Challenging the award passed by the Motor Accident Claims Tribunal, in M.C.O.P.No.397 of 2015, dated 12.10.2018, the appellant/insurance company is before this Court with this appeal.

2. The brief facts leading to the filing of this appeal are as follows:

(i) It is a case of fatal accident. The deceased was a 12 years old school going boy by name Mukesh. The respondents 1 and 2/claimants are the parents of the deceased.

(ii) According to the respondents 1 & 2 / claimants, on 24.08.2015 at about 07.30 a.m. the deceased Mukesh was riding a bicycle in Kasinaikanpatti to Kunichi main road in Vellore district. At that time, a tractor and trailer owned by the third respondent herein came in the same direction in a rash and negligent manner and hit the bicycle from behind in which, the minor boy sustained serious injuries and he was immediately taken to CMC Hospital, Vellore, where he succumbed to his injuries.

(iii) Thereafter, a criminal case was registered against the third respondent / owner cum driver of the tractor and trailer in Crime No.251 of 2015 by Kandhili Police Station under Sections 279 and 304(A) of I.P.C.

(iv) According to the respondents 1 and 2 / claimants the accident had taken place due to the rash and negligent driving of the third respondent. According to them, the deceased was a school going boy and he was only maintaining the family from his income, had the deceased been alive, he would have a bright future and would have earned more money. Hence, claiming a sum of Rs.15,00,000/- as compensation, the respondents 1 and 2 / claimants filed the claim petition before the Tribunal.

3. The third respondent / owner of the offending vehicle remained ex parte before the Tribunal. The appellant / insurance company contested the claim petition on the ground that the accident had taken place due to the negligence of the deceased. The deceased without noticing the tractor suddenly came across the road and he only contributed to the accident. Hence, no negligence can be fixed on the driver of the tractor. That apart, there is a violation of policy condition, at the time of the accident three persons were travelling in the tractor which is not permissible. The appellant/insurance company has also claimed that the compensation claimed for the death of a 12 year old boy is speculative and highly excessive.

4. In order to prove the claim, the first respondent herein examined himself as P.W.1 and marked as many as nine documents as Exs.P1 to P9. On the side of the respondents therein, officer belonging to the insurance company was examined as R.W.1 and they marked the insurance policy as Ex.R1.

5. The Tribunal after considering the materials available on record came to the conclusion that the accident took place due to the rash and negligent driving of the driver of the tractor and hence the respondents therein are liable to pay the compensation. So far as the quantum of compensation is concerned, the Tribunal fixed the notional income of the deceased at Rs.5,000/- per month and the annual income at Rs.60,000/- p.a. The Tribunal deducted 1/3 towards his personal expenses and arrived at the annual notional income of the deceased at Rs.40,000/- and applying the multiplier of 18 arrived at the loss of dependency at Rs.7,20,000/-. In respect of other conventional heads the Tribunal has awarded a sum of Rs.1,00,000/- towards loss of love and affection; Rs.15,000/- towards funeral expenses; Rs.15,000/- towards loss of Estate; Rs.5,000/- towards transportation charges; Rs.32,255/- towards medical expenses and Rs.80,000/- towards filial consortium, thus, totalling a sum