S. ALAGESWARI Vs. J. PRABHAKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimants against the Judgement and Decree dated 17.3.2008 made in MACT.OP.No.4552/ 2002 by the learned Additional District Cum Sessions Judge (FTC-IV) (MACT) Chennai, whereby the Tribunal awarded a sum of Rs.1,00,000/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of deposit to the claimants, who are the parents of the deceased minor child Muthu Kannan.

(2.) On 22.10.2002 at about 08.30 hours, the deceased Muthu Kannan, who was aged 2 years old, was sitting near the compound wall of his house and attending nature's calls. At that time, the Van bearing Reg.No.TN-01-U-9562 owned by the 1st Respondent and insured with the 2nd Respondent Insurance Company driven in a rash and negligent manner, while turning towards his right side ran over the child sitting there causing instantaneous death. The deceased was two years old at the time of the accident and he was survived by her parents who claimed compensation of Rs.3,00,000/- before the Tribunal. According to the claimants, he is the only child to them. The Tribunal, after considering the evidence, awarded Rs.1,00,000/- as compensation, which includes Rs.50000/- for loss of their only child, Rs.5000/- for transportation expenses, Rs.5000/- for funeral expenses and Rs.40,000/- for loss of love and affection. As against the same, the parents of the deceased have filed this Civil Miscellaneous Appeal for enhancement of compensation.

(3.) Mr.N.M.Muthurajan, the learned counsel for the Appellants drew the attention of this court to the unreported judgement of this court made in CMA.Nos.177 and 85/2009 dated 26.11.2010, wherein in identical situation, for the death of four years old child, this court awarded Rs.2,57,000/- as compensation. The learned counsel also relied on the decision of the Honourable Supreme Court R.K.Malik and another Vs. Kiran Pal and others, 2007 ACJ 2010 wherein the Honourable Supreme Court in the case of non earning members, that is, for children below 15 years old, determined the notional income as Rs.15,000/- p.a. and applied the multiplier of 15 in computing the income.