THE HON’BLE SMT. JUSTI CE RENUKA YARA M.A.C.M.A.No.679 OF 2023 JUDGMENT:-

This is an appeal preferred by the appellants/claimants aggrieved by the order, dated 24.03.2023 passed in O.P.No.256 of 2019 by the learned Chairman, Motor Accident Claims Tribunal-cum- Principal District Judge, Mahabubnagar (for short, ‘the Tribunal’), wherein an amount of Rs.2,34,500/- has been awarded in a claim petition filed seeking compensation of Rs.6,00,000/- on account of death of a minor child aged one year in a road traffic accident.

2. Heard both sides. Perused the record.

3. The brief facts of the case are that on 29.10.2018 at 8:30 hours at Kothur Village, Ranga Reddy, one Bolero vehicle bearing No.TS34/T- 5977 driven by respondent No.1 came in a rash and negligent manner and dashed the deceased in front of the house of the appellants. As such, the claim petition is filed. The appellants/claimants have examined P.Ws.1 and 2 and got marked Exs.A1 to A8. The respondents did not examine any witnesses but got marked Ex.B1- copy of insurance policy. Upon examining the evidence on record, the Tribunal awarded compensation of Rs.2,34,500/- with interest at 9% per annum payable by the respondents jointly and severally.

Aggrieved by the same, the present appeal is preferred by the claimants seeking enhancement of compensation.

4. In grounds of appeal, it is contended that the notional income of a child is taken by the Tribunal at Rs.15,000/- per annum and the same is meager and also pleaded that the multiplier is erroneously taken as ‘15’ instead of ‘18’. The appellants relied upon the judgment of this Court in M.A.C.M.A.No.1575 of 2024, dated 09.06.2025, wherein the notional income of five years old child is taken at Rs.30,000/- per annum.

5. In view of the facts and circumstances of the present case, the notional income of the deceased infant who is aged one year is taken at Rs.30,000/- per annum. To quantify the compensation towards loss of future prospects, if 40% of the income is included as future prospects, the annual income would be Rs.42,000/- (Rs.30,000/- + 12,000/-). As per the authority in Sarla Verma v. Delhi Transport Corporation, 1(2009) 6 S.C.C. 121, if the aforesaid annual income is multiplied with relevant multiplier of ‘15’, the loss of future earnings of the deceased comes to Rs.6,30,000/- (Rs.42,000/- x 15) and if 50% is deducted towards personal expenses, then the total income comes to Rs.3,15,000/-.

6. In addition, the appellants are entitled to Rs.44,000/- each towards filial consortium, Rs.20,000/- towards funeral expenses and Rs.20,000/- towards loss of estate. In total, the appellants are entitled to Rs.4,43,000/- towards compensation.

7. Accordingly, the M.A.C.M.A. is partly allowed. The compensation awarded by the Tribunal is hereby enhanced from Rs.2,34,500/- to Rs.4,43,000/- with interest @ 9% per annum on the enhanced compensation from the date of petition till the date of realization. The enhanced compensation amount shall be deposited by the respondents jointly and severally within a period of two months from the date of receipt of a copy of this Judgment. On such deposit, the appellants are entitled to withdraw the entire amount, without furnishing any security. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this appeal, shall stand closed.

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RENUKA YARA, J Date: 24.07.2025 ssp