GOWRILAKSHMI Vs. METROPOLITAN TRANSPORT CORPORATION LTD

JUDGEMENT

(1.) Assailing the quantum of compensation fixed by the Motor Accidents Claims Tribunal, Chennai in awarding a sum of Rs.2,53,000/- against a claim of Rs.10,00,000/- for the loss of life of a school going boy, aged about 15 years, the parents of the deceased boy, came up by way of appeal before this Court.

(2.) Ms. Ramya A.V. Rao, learned counsel appearing for the appellants would submit that for the death of the deceased, aged about 15 years, who is a student of X standard, the Tribunal has wrongly fixed a sum of Rs.15,000/- as notional income which is not only contrary to the Judgment of the Division Bench of this Court in National Insurance Company Limited Versus R.Vimala reported in 2015 (2) TN MAC 490 (DB), but also to the Judgment of Kishan Gopal Verus Lata and others reported in 2013 (2) TN MAC 358 (SC). In support of her submissions, the learned counsel appearing for the appellants would submit that in the ratio laid down by the Apex Court in the case of Kishan Gopal and Another Versus Lala and others, wherein the deceased was ten year old boy, the Hon'ble Supreme Court has enhanced the notional income from Rs.15,000/- to Rs.30,000/-. The law laid down by the Hon'ble Apex Court which was subsequently followed by the Division bench has to be applied in the present case also. Therefore, while enhancing the notional income of the deceased from Rs.15,000/- to Rs.30,000/-, the proper multiplier to be adopted as has been held in the case of SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER reported in (2009) 4 MLJ 997 by adding another Rs.25,000/- to meet the ends of justice.

(3.) No doubt in the present case, the deceased was aged about 14 years at the time of accident which occurred on 11.12.2009. When the claim was made by the parents of the deceased, the Tribunal has fixed a sum of Rs.15,000/- as notional income for the deceased for the purpose of arriving at a compensation. Now this has been questioned taking strength from the Judgment of the Division bench of this Court in National Insurance Company Limited Versus R.Vimala reported in 2015 (2) TN MAC 490 (DB), wherein in paragraph 10, it has been held as under: