V. PARTHIBAN Vs. RAJA MOHAMADU

JUDGEMENT

(1.) The appellants have filed the present C.M.A(MD)No.826 of 2015, challenging the award passed in MCOP.No.1429 of 2010, dated 25.09.2014, on the file of the Motor Accident Claims Tribunal/1st Additional District Judge, Madurai.

(2.) It is a case of fatal accident caused on 06.05.2010 around 17.15 hours Opposite to Anbu Hospital, near Kallikudi Chatram Bus Stop. The deceased was 8 years old boy and the parents of the deceased boy filed an application seeking compensation before the Motor Accident Claims Tribunal/1st Additional District Judge, Madurai in MCOP.No.1429 of 2010. Considering the facts and circumstances of the case, the Tribunal awarded Rs.3,00,000/- as total compensation. Not satisfied with the quantum of award granted by the Tribunal, the appellants/claimants preferred the present appeal on the ground that the Tribunal has not considered various aspects and awarded less compensation. The Tribunal simply awarded compensation towards loss of income as Rs.1,50,000/-, for pecuniary damages Rs.75,000/- and for future prospects Rs.75,000/-, totally Rs.3,00,000/-. The Tribunal ought to have considered the fact that the deceased boy was 8 years of age and the mental and psychological impacts on the parents ought to have been considered by the Tribunal and the same was not considered. In support of the arguments, the learned counsel appearing for the appellants cited the judgment of the Hon'ble Supreme Court of India reported in 2013 (2) TNMAC 358 (SC) (Kishan Gopal & another v. Lala & others) is extracted hereunder:

(3.) In the above said case, the Hon'ble Supreme Court of India adopted the multiplier of 15 for assessing the pecuniary loss. Accordingly Rs.4,50,000/- (30,000X15) was awarded by following the Sarla Verma case. Further, the conventional damages for loss of love and affection, funeral expenses, last rites, etc. are jointly awarded as Rs.50,000/-. Accordingly, the Supreme Court of India awarded Rs. 50,000/- in the above case. The same analogy shall be followed in the present case on hand, in view of the factor that the deceased boy in the present case was 8 years old at the time of death. Further, the accident took place in the case before the Hon'ble Supreme Court of India in the year 1992 and the case on hand the accident took place on 06.05.2010. Therefore, the enhancement of compensation from Rs. 3,00,000/- to Rs.5,00,000/- cannot be construed as excessive.