GANESHAPPA AND SMT. ANNAPURNAMMA Vs. B.N. KESHAVAMURTHY, BENAKAPPA AND THE NEW INDIA ASSURANCE CO., REPTD. BY ITS BRANCH MANAGER

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award in MVC No. 592/2006 dated 12.1.2010 on the file of the Fast Track -III and Addl. MACT -IV, Shivamogga, whereby the Tribunal has awarded compensation of Rs. 1,80,000/ - 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 9 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. 1,80,000/ -.

(2.) ON the other hand, learned counsel for the respondent -Insurance Company has sought to justify the impugned judgment and award. It is his submission that in the case of death of a minor aged 9 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 9 years died in a motor vehicle accident occurred on 9.2.2006. Respondent -Insurance Company 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.