The main legal point established in the judgment is the determination of appropriate compensation for the death of a minor in a road accident, considering factors such as monthly income, future prospects, and pecuniary benefits.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act praying to enhance the award amount in M.C.O.P.No. 1234 of 2013 dated 28.03.2019 on the file of the Motor Accident Claim Tribunal/Special Sub Court, Thanjavur so far as they related to the quantum of compensation grated.)

1. The appellants are the claimants in M.C.O.P.No.1234 of 2013 on the file of the Special Sub Court, Motor Accidents Claims Tribunal, Thanjavur. They have filed the above claim petition seeking compensation of Rs.25,00,000/- for the death of one Mohamed Iliyas in a road accident that took place on 12.05.2013. The claimants are the parents of the deceased.

2. The brief case of the appellants/claimants is as follows:

(i) The deceased Mohamed Iliyas was aged 16 years and he was studying 10th standard on the date of the accident.

(ii) On 12.05.2013, at about 5.30 p.m., the deceased along with 7 others were travelling in the 1st respondent Sedan car bearing Registration No.TN-51-K-3605 from Kodaikanal in order to go to their village in Thanjavur to Trichy main Road. While the car was coming near Pudukkudi GB food oil company towards west to east, the driver had driven the car in a rash and negligent manner and upset in the left side of the road, as a result of which, the deceased sustained fatal injuries and died on the spot. According to the appellants/claimants, the rash and negligent driving of the driver of the car bearing Registration No.TN-51- K-3605 was the cause of the accident. Since the car was insured with the second respondent, both the respondents 1 and 2, are jointly and severally liable to pay compensation of Rs.25,00,000/- to them.

3. The owner of the car remained absent before the Tribunal and therefore, he was set ex-parte. Bharathi AXA General Insurance Company contested the claim petition. The learned Tribunal, after analysing the evidence on record, concluded that the accident occurred due to the rash and negligent driving of the driver of the car and awarded a compensation of Rs.5,70,000/- together with interest at the rate of 7.5% per annum to the appellants/claimants. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimants have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.

4. Mr.N.Tamilmani, learned counsel appearing for the appellants/claimants relied on the judgment in C.M.A.No.565 of 2021 in the case of M/s.Reliance General Insurance Company limited Vs. P.Poongavanam and others, wherein, the learned Judge had awarded a sum of Rs.11,000/- towards monthly income for a student aged about 18 years, who died in a road accident that took place on 17.11.2015.

5. Per contra, Mr.V.Sakthivel, learned counsel appearing for the Insurance Company would contend that since, in the present case, the accident took place only in the year 2013, the compensation awarded by the Tribunal is just and reasonable.

6. A perusal of the available records shows that the factum of the accident and the manner of the accident are not disputed by both the parties. This Court is of the considered view that the deceased was studying 10th Standard and as per the Transfer Certificate (Ex.P7), the deceased was aged about 16 years and hence, this Court is inclined to fix the monthly income of the deceased at Rs.9,000/-. The proper multiplier to be adopted in the instant case is 18 as per the decision rendered in Sarlavarma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121. As per the decision laid down in National Insurance Co. vs Pranay sethi and others reported in 2017 (2) TNMAC 601, 40% should be added towards future prospectus of the deceased.

Calculation:

Notional income = Rs.9,000/-

40% Future Prospects = Rs.3,600/-

Total = Rs.9,000/- + Rs.3,600 = Rs.12,600/-

Loss of pecuniary benefits

= Rs.12,600/- x 12 x 18 x 1/2 =

Rs.13,60,800/-

7. A sum of Rs.5,40,000/- awarded under the head 'loss of pecuniary benefits' is enhanced to Rs.13,60,800/-. The Tribunal