MUNAVAR PASHA AND SMT. SHABANA BANU Vs. DIVISIONAL CONTROLLER, OWNER-CUM-INTERNAL INSURANCE FUND OF THE KSRTC

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award in MVC No. 330/2008 dated 22.6.2010 on the file of the District and Sessions Judge at Chamarajanagar, whereby the Tribunal has awarded compensation of Rs. 1,51,000/ - with interest at 6% per annum from the date of the petition till the date of the deposit. The contention of the learned counsel for the appellants is that the deceased was a minor aged about 4 years. In the case of death of a minor in a motor vehicle accident, the Courts have uniformly awarded the compensation in a sum of Rs. 2,25,000/ - towards pecuniary damages, Rs. 75,000/ - towards non -pecuniary damages and Rs. 75,000/ - towards loss of future prospects. The total compensation awarded in such cases is Rs. 3,75,000/ -. Therefore, the Tribunal has erred in awarding only a sum of Rs. 1,51,000/ -.

(2.) ON the other hand, learned counsel for the respondent -Corporation has sought to justify the impugned judgment and award. It is his submission that in the case of death of a minor aged 4 years, the question of awarding pecuniary and non -pecuniary damages as contended by the appellants does not arise.

(3.) IT is not in dispute that the son of the appellants aged 4 years died in a motor vehicle accident occurred on 29.3.2008. Respondent -Corporation does not dispute its liability to pay the compensation. This Court in The New India Assurance Company Ltd., vs. Sri Subhash Kallappa and Another - 2012 Kant M.A.C. 346 (Kant), has considered a similar question in detail and has awarded compensation in a sum of Rs. 4,00,000/ -. The decisions of the Apex Court in R.K. Malik and Another Vs. Kiran Pal and Others, AIR 2009 SC 2506 , and in ., AIR 1995 SC 755 and several decisions of the Apex Court have been followed while deciding the matter.