IMPORTANT POINT
The court has the authority to enhance compensation for motor accidents based on the circumstances of the case, including notional income and loss of dependency.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow the appeal and enhance the compensation in MCOP.No.290 of 2014 on the file of the Motor Accidents Claims Tribunal in the Chief Judge, Small Causes Court, Chennai.)

1. This civil miscellaneous appeal has been filed challenging the judgment and decree dated 18.04.2023 in MCOP.No.290 of 2014.

2. The learned counsel for the claimant would submit that on 23.05.2013, the deceased was standing in a bus stop at Egmore Government Maternity Hospital, a car bearing Registration No.TN-01-X-5959 came in a rash and negligent manner and dashed against one Police Car Boliro and hid the deceased, due to which he was died on the spot. Considering all the aspects, the Tribunal had awarded the compensation in the following manner :

3. He would also submit that at the time of accident, the deceased was aged about 12 years old. However, the Tribunal had fixed only a sum of Rs.3,500/- as notional income of the deceased child, which is on the lower side. Hence, he requests this Court to enhance the same and fix a sum of Rs.6,000/- as notional income of the deceased child.

4. In reply, the learned counsel for the respondent would fairly submit that a sum of Rs.4,000/- may be fixed as notional income of the deceased child.

5. Heard the learned counsel for the appellant and the respondents and also perused the documents available on records.

6. In the present case, the accident was occurred in the year 2013 and at the time of accident, the deceased was aged about 12 years. Hence, considering the year of accident and age of the deceased, this Court is inclined to fix a sum of Rs.5,000/- as notional income of the deceased instead of Rs.3,000/- as fixed by the Tribunal. Hence, by applying 15' as multiplier, the loss of income would be calculated as follows :

Rs.5,000/- (notional income) * 12 (months) * 15 (multiplier) = Rs.9,00,000/-

7. Further, it appears that no amount was awarded towards Transportation, hence, this Court is inclined to award a sum of Rs.10,000/- for the same. With regard to the all the other heads, since the compensation awarded by the Tribunal appears to be just and fair, the same stands confirmed.

8. Accordingly, the compensation awarded by the Tribunal is modified as follows :

9. Therefore, the amount awarded by the Tribunal is modified as a sum of Rs.9,80,000/-. Accordingly, the award amount stands increased from a sum of Rs.7,00,000/- to Rs.9,80,000/-. In all other aspects, the award of the Tribunal stands confirmed. It is also made clear that the enhanced compensation will be awarded only to the mother of the deceased/2nd appellant.

10. In the result, this Civil Miscellaneous Appeal is partly allowed and the 2nd respondent is directed to deposit a sum of Rs.9,80,000/- along with interest and costs, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this judgment, to the credit of MCOP.No.290 of 2014 on the file of the Motor Accidents Claims Tribunal in the Chief Judge, Small Causes Court, Chennai. Upon such deposit, the share of the minor 4th appellant is directed to be deposited in any one of the Nationalised Bank till she attains majority and the 2nd appellant being the mother of the minor is permitted to with