JUDGMENT :

1. This Civil Miscellaneous Appeal has been filed by the claimants seeking enhancement of compensation under the impugned award dated 02.06.2011 passed by the Motor Accident Claims Tribunal (I Fast Track Court at Chennai) in MCOP.No.282 of 2008.

2. Heard Mr.T.G.Balachandran, learned counsel for the Appellants/claimants and Mr.D.Nadhamuni, learned counsel for the second respondent/ Insurance Company. The first respondent has remained exparte both before the Tribunal as well as this Court.

3. The Appellants/claimants unsatisfied with the quantum of compensation awarded by the Tribunal have preferred this Appeal seeking for enhancement. The details of the compensation awarded by the Tribunal to the Appellants/claimants are as follows:

Heads Award Amount (Rs.)

Loss of pecuniary benefits 1,50,000/-

Loss of non-pecuniary benefits 75,000/-

Loss of Future prospects 75,000/-

Funeral Expenses 5,000/-

Total 3,05,000/-

4. Before the Tribunal, the Appellant/claimant has filed seven documents which were marked as Ex.P1 to Ex.P7 and two witnesses were examined namely, the second Appellant/second claimant as PW1 and an eye witness to the accident as PW2. On the side of the second respondent Insurance Company, neither any document was filed nor any witness examined before the Tribunal.

5. The deceased was a student aged 5 years and studying at Airforce School, East Tambaram, Chennai – 59, when the accident happened on 22.11.2007. He died as a result of the said accident. The cause of the accident has also not been disputed by the respondents, as no appeal has been filed against the impugned award by the respondents. The only question to be considered by this Court is whether the quantum of compensation awarded by the Tribunal is a just compensation or not and whether the same will have to be enhanced by this Court.

6. The accident happened on 22.11.2007 and admittedly, the deceased was five years and at that time, he was a student. Learned counsel for the Appellants drew the attention of this Court to the following authorities in support of his submissions seeking enhancement of compensation:

(a) 2017(2), TNMAC 805, dated 8.12.2016, National Ins.Co.Ltd., Chennai-2 -Vs. K.Sugumar & 2 Others

(b) 2009(2) TNMAC SC, Page.1 dated 15.4.2009, Srimathi.Sarla Verma & Others –Vs.- Delhi Transport Corporation & another,

(c) 2009 ACJ 1924 SC, dated 15.05.2009, R.K.Malik. & another – Vs- Kiran Paul & Others.

(d) 2013(5) CTC 212, SC, dated 26.08.2013, Kishan Gopal & another –Vs.- Lala and Others

(e) A decision of the Learned Single of this Court in the case of Reliance Gen. Ins. Co. Ltd., -Vs- H.Mallika Bee and 2 Others in CMA No.1625 of 2020 in O.P.No.5470 of 2013, dated 10.11.2020

(f) A decision of the learned Single Judge of this Court in the case of M.Sumithra –Vs- J.Anbalagan and another in CMA No.31 of 2020 dated 16.3.2021 reported in 2021(1) TNMAC 465

7. In a recent decision rendered by a learned Single Judge of this Court, involving a minor aged 13 years in respect of an accident that happened in the year 2013, this Court has directed the insurance company to pay a compensation of Rs.7,45,000/-. Since the deceased in this case also is a minor aged 5 years at the time of the accident, the same yardstick as applied by another learned Single Judge of this Court in CMA.No.1625 of 2020 can be followed. The Hon'ble Supreme Court in various decisions cited by the learned counsel for the Appellants also has fixed the compensation for a deceased minor based on the year of the accident. The decision rendered by another learned Single Judge of this Court in CMA.No.1625 of 2020 in the case of Reliance Gen. Ins. Co. Ltd vs. H.Mallika Bee and 2 Others which is dated 10.11.2020 and is a very recent decision can be followed by this Court for the case of these Appellants also.

8. Accordingly, this Court enhances the compensation payable to the Appellants/claimants from Rs.3,05,000/- as fixed by this Tribunal to Rs.7,45,000/- by this Court as detailed hereunder:

Heads Award Am