JUDGMENT :

(This case has been heard through video conference)

This Civil Miscellaneous Appeal has been filed seeking the enhancement of the award dated 30.06.2011 passed in MCOP.No.887 of 2008 by the Motor Accidents Claims Tribunal, IV Fast Track Court, Chennai.

2. The case in brief is as follows:

On 01.01.2008 at 9 hours, while the boy/Chandran was crossing the Kandigai Road, Melakottaiyur opposite to Polywash Company along with his aunty, a motor cycle bearing Registration No. TN-22-AZ-5670 driven by its rider in a rash and negligent manner hit the boy, causing him grievous injuries, resulting in his death. The first respondent is the owner/rider of the two wheeler. The second respondent is the insurer of the tow wheeler. Both are jointly liable to pay compensation to the claimant. The first respondent remained exparte before the Tribunal.

3. The second respondent/Insurance Company declined the claim stating that the rider of the vehicle did not have proper licence and did not posses valid insurance policy. As there is violation of policy condition, the second respondent/Insurance Company is not liable to pay compensation.

4. The first respondent is the owner of the vehicle and had filed counter. In the counter, he had denied his liability and stated that the boy suddenly crossed the path of two wheeler and invited the accident. After due enquiry, the Tribunal had awarded the compensation of Rs.1,27,000/-.

5. Aggrieved by the same, the award passed by the Tribunal was on the lower side, the claimant has preferred this appeal seeking enhancement of the compensation.

6. Mr. G. Balachandran, learned counsel for the appellants has submitted his arguments. As per his submissions, the deceased was aged 11 years, studying VI Standard at the time of his death. The accident had occurred in the year 2008 and the parents of the deceased alone are the claimants. The Tribunal had failed to fix the notional income of the child and did not calculate the future prospects also. Therefore, the claimants had preferred this appeal seeking enhancement. In support of his contentions for seeking enhancement, he relied on the following Rulings.

(i) Kishan Gopal & another Vs. Lala & Others reported in 2013 (2) TNMAC 358 (SC)

(ii) G. Sumathy and another Vs. K. Anbazhagan reported in 2018 (2) TNMAC 238

(iii) R.K. Malik and Another Vs. Kiran Pal and others reported in 2009 (1) TNMAC 593 (SC)

Motor Accident Claim

Compensation – Determination

School Children proceeding to School in School Bus – Bus driven in rash and negligent manner, fell in river causing death of 29 children – Claim u/s. 163 – A.

Deceased non-working and non-earning members : Notional income of Rs.15,0000 p.a. fixed as per Second Schedule.

Multiplier : 15 for children below 15 years and 16 for children between 16 – 18 years.

Pecuniary Loss – 1,50,000 for children in age group of 10-15 years & Rs.1,60,000 for children in age group 15 – 18 years – Funeral Expenses : Rs.5,000 each – Rs.1,000 each awarded by High Court towards Loss of Books etc.

Non-pecuniary Loss : Rs.75,000 each awarded in Appeal by High Court.

Loss of Future Prospects : Not awarded by Tribunal & High Court: Rs.75,000 awarded by Supreme Court in Appeal.

Interest : 6% awarded by Tribunal for 4 years : 7.5% awarded by High Court from date of Claim Petition till payment – Held, proper.

“Pecuniary Loss”, Non-Pecuniary Loss”, Loss of Future Prospects”- Assessments – Principles governing.

(iv) National Insurance Co. Ltd. Vs. K. Sugumar reported in 2017 (2) TNMAC 805.

Motor Accident Claim – Compensation – Quantum - Determination – Deceased aged 8 yrs., a 3rd Standard Student – claimants: Father & mother of deceased – claim : Rs.10,00,000 – Award of Compensation by Tribunal at Rs.14,40,000, if, excessive – Notional Income: Tribunal, taking income at Rs.5,000 p.m. and adding 50% towards Future Prospects, fixed Notional Income at Rs.7,500 p.m. : No