C MANIVASAGAM Vs. R JAGANATHAN

JUDGEMENT

(1.) CIVIL Miscellaneous Appeal against the judgment and decree made in M.C.O.P.No.232 of 2001 dated 07.11.2001 on the file of the Motor Vehicle Accident Claims Tribunal/Second Additional District Court, Erode. The appeal is directed against the judgment and decree made in M.C.O.P.No.232 of 2001 dated 07.11.2001 on the file of the Motor Vehicle Accident Claims Tribunal/Second Additional District Court, Erode, awarding a compensation of Rs.70,000/-.

(2.) THERE is no dispute with regard to the responsibility of causing the accident by the first respondent vehicle driver and the insurance coverage of his vehicle with the second respondent Insurance Company.

(3.) AS set out in the Second Schedule to the MOTOR VEHICLES ACT, 1988, for a boy of 13 years of age, a multiplier of 15 would have to applied. AS per the Second Schedule, he being a non-earning person, sum of Rs.15,000/- must be taken as income. Thus, the compensation comes to Rs.2,25,000/-" 5. Relying upon the principles laid down in the above said decision, a learned single Judge of this Court also granted an award for a compensation of Rs.2,25,000/-, in a similar matter which has been reported in 2006(5)CTC 46 [M.lakshmi and others vs. D.Chandran and another]. The relevant passages of the said decision have been culled out as follows: