HAYATH BASHA AND ANR. Vs. PUSHPAVATHI

JUDGEMENT

(1.) IN this appeal which is against the order of the Motor Accidents Claims Tribunal, Madras awarding a compensation of Rs. 17,000/ - in favour of the Respondent to be paid by the Appellants the first of whom is the owner of the lorry MDS 4033 which, while being driven rashly and negligently, had knocked down the Respondent's son aged about 10 years as a result of which accident the boy died and the second of whom is the Insurance Company with which the aforesaid vehicle was insured. The only question is with regard to the quantum of compensation awarded by the Tribunal which compensation according to the Appellants is excessive.

(2.) THE Appellants do not challenge the finding of the Tribunal that the lorry was driven in a rash and negligent manner and as a result of such rash and negligent driving it knocked down the boy and caused his death. Now, the facts which were put forward before the Tribunal having relevance to the question of quantum of compensation are that the deceased boy was 10 years old at the time of his death and was studying in the third class. No other facts which would have relevance to the quantum of compensation were placed before the Tribunal. The Tribunal, taking into account the age of the boy, fixed the compensation for the loss of expectation of his life at Rs. 12,000/ - and allowed a further sum of Rs. 5,000/ - under the head of loss of the estate for the prospects of a predominantly happy life and in all awarded an aggregate compensation of Rs. 17,000/ -.

(3.) THE learned Counsel for the Appellants pointed out that in the Motor Insurance Co. Ltd v. A.N. Pattammal and Anr. : 1972 A.C.J. 380 Maharajan, J., had held that the damages in respect of the death of an infant may, normally be fixed at Rs. 5,000. There, the child was aged abut 3 1/2 years, but in the same decision Maharajan, J. has observed "I have held there Perumal v. State of Madras : 1971 A.C.J. 144that the damages may normally be fixed at Rs. 5,000. No doubt, there may be other peculiar circumstances which might influence the court to reduce or enhance this amount."