JUDGMENT

The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.505 of 2016 dated 12.02.2019 on the file of the Motor Accident Claims Tribunal/Special District Court for MCOP Cases, Tiruchirappalli.

2. The appellants/claimants, who were awarded with compensation of Rs.4,80,000/- (Rupees Four Lakhs and Eighty Thousand only) with interest at 7.5% per annum for the death of Santhoshkumar, consequent to an accident occurred on 19.11.2015, challenged the quantum of compensation awarded at, by the Tribunal and claimed enhancement of the same.

3. The Tribunal has fixed the annual income of the deceased minor at Rs.30,000/- and by applying multiplier 15 has arrived at Rs.4,50,000/- for the loss of dependency of the family and by adding Rs.15,000/- for funeral expenses and Rs.15,000/- for future prospects, has granted total compensation of Rs.4,80,000/-.

4. The learned counsel appearing for the appellants/claimants would submit that the notional annual income fixed by the Tribunal is very low, that the Tribunal has not granted any amount towards loss of consortium and that the amounts awarded under the conventional heads are also very low.

5. The only point that arises for consideration is as to whether the quantum of compensation awarded by the Tribunal is just and proper and is in accordance with law?

6. In the case on hand, the Tribunal, taking note of the postmortem certificate, has fixed the age of the deceased as 9 years at the time of accident. The second respondent/insurer has not disputed the said factum.

7. It is not in dispute that the deceased boy was studying 4th standard at the time of accident.

8. In a similar case, for the death of deceased boy aged 13 years for the accident occurred in 2013, this Court has fixed the notional monthly income at Rs.4,000/- after referring to the decisions of the Hon'ble Supreme Court and this Court and the relevant passage is extracted hereunder:-

“12. In Lata Wadhwa Vs. State of Bihar reported in (2001) 8 SCC 197, the Hon'ble Apex Court has held that in case of death of a child, there is no actual pecuniary benefit derived by its parents during the life time of the child, but however, the parents are entitled to claim for the prospective loss they suffered, that they had a reasonable expectation of pecuniary benefit had the child lived and that the loss of the child to the parents is irrecoupable, and no amount of money could compensate them. The Hon'ble Supreme Court has further held that in cases of children between the age of group of 10-15 years, the annual contribution can be fixed at Rs.24,000/- and multiplier of 15 be applied. The Hon'ble Supreme Court in Kishan Gopal and another Vs. Lala and others reported in 2014 (1) SCC 244, for the death of a 10 year old boy, has fixed the notional income at Rs.30,000/- per annum and applied multiplier 15. In Meena Devi Vs. Nunu Chand Mahto alias Nemchand Mahto and others reported in (2023) 1 SCC 2014, the Hon'ble Supreme Court, for a 12 year old child, has taken the notional income at Rs. 30,000/- per annum and adopted multiplier 15. In the case of The Manager, Cholamandalam MS General Insurance Co. Ltd., Dharmapuri Vs. Muniyappan and others (C.M.A.No.1647 of 2020 dated 07.12.2020), a learned Judge of this Court, taking note of the facts that the accident was occurred in the year 2017 and the deceased was aged 3 years at the time of accident, has fixed the notional monthly income at Rs.3,500/-. In P.Muthu Selvi and another Vs. The Managing Director, State Express Transport Corporation Ltd., Chennai (C.M.A.(MD)No.748 of 2019 dated 29.08.2023), this Court, considering the fact that the accident was occurred on 16.05.2012 and taking note of the age of the deceased at 2 years, fixed the notional monthly income at Rs.3,000/- and by applying the decision of the Hon'ble Supreme Court in Reshma Kumari Vs. Madan Mohan reported in (2013) 9 SCC 65, multiplier of 15 was adopted. In the case on hand, the Tribunal has fixed the notional