JUDGMENT

Not being satisfied by the Judgment and Decree passed in MCOP.No.617 of 2004 dated 30.03.2005 on the file of Motor Accident Claims Tribunal / District Court, Thiruvannamalai, this Civil Miscellaneous Appeal is preferred by the Claimants herein for enhancement of compensation.

2. Claim petition was filed under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs.5,00,000/- for the death of claimant's daughter Sivaranjani in a road traffic accident that occurred on 02.05.2004.

3. The Tribunal after hearing both sides and upon consideration of oral and documentary evidence has granted compensation of Rs.1,56,000/- with interest at the rate of 9% per annum from the date of petition till the date of deposit.

4. The learned counsel appearing for the Appellants would strenuously argue that the deceased was a 13 year old girl. The Tribunal fixed the notional income as Rs.3,000/- is incorrect. As the child died at the age of 13 years, absolutely there is no chance of getting further child for the parents. The notional income fixed is very low. The amount awarded for loss of love and affection is on the lower side and under various heads, the amount awarded are in-sufficient and requested to enhance the compensation. To buttress, the following judgments were referred too. (i) In Kishan Gopal & another Vs. Lala & others, reported in

2013(2) TN MAC 358(SC), wherein it has been held that, 10 year old boy who travelled in the Trolley of tractor because of the rash and negligent driving of the driver, the tractor turned upside down and the minor boy fell down from the trolley and sustained grievous injuries and succumbed to the injuries. In a claim before MACT, the Tribunal held that the claimants have not succeeded in proving that the minor boy died because of the fall from the trolley of the tractor which is driven in a rash and negligent driving by the driver and held that the parents of the minor boy are not entitled for any compensation. Aggrieved of the same, an appeal was preferred by the parents of the minor boy, wherein, the High Court dismissed the appeal against which Civil Appeal was preferred before the Hon'ble Supreme Court. The Hon'ble Supreme Court by allowing the appeal granted compensation of Rs.5,00,000/-.

(ii). In Kurvan Ansari Alias Kurvan Ali & Another Versus Shyam Kishore Murmu & Another, reported in CDJ 2021 SC 917, in this case it is held that for the death of seven year old child in a road traffic accident granted compensation of Rs.4,70,000/-.

5. Per contra, the learned counsel appearing for the respondent/Insurance company would vehemently contend that the accident took place in the year 2004. At the relevant point of time for a mason, monthly income was Rs.4,500/-. To strengthen his argument, the judgments rendered in Rajendra Singh and others Vs. National Insurance Company Limited and others, reported in 2020 ACJ 2211, it has been held that for the death of 12-year-old girl, an amount of Rs.2,95,000/- was granted as compensation.

6. Heard the arguments of the learned counsels for both sides and perused the materials on record.

7. At trial, on the claimant's side, father of the deceased Murthy was examined as PW.1. Ex.P.1 to P.3 were marked. Neither any oral evidence was let in nor any documentary evidence was marked by the respondent's side.

8. It is the evidence of PW.1 Moorthy, that on 02.05.2004 at about

10.00 p.m, when the minor girl Sivaranjani was going to school by walk on the left side of the Tiruvannamalai-Vellore road, a van bearing Registration No.TN-25-Y-7956 came from the opposite direction in a rash and negligent manner hit on the minor and due to said impact, the minor girl died on the spot, is not in dispute.

9. The Tribunal fixed the income at Rs.2,000 per month by applying multiplier 6 and granted Rs.1,44,000/- as loss of income. For love and affection Rs.10,000/-, for funeral expenses – Rs.2,000/-, total Rs.1,56,000/- was granted by the Tribunal. Hon'ble Supreme Court in Puttamma