KUNA KASHAIAH Vs. M. KISHTAIAH

JUDGEMENT

(1.) Aggrieved by the award and decree dtd. 4/2/2003 passed in O.P.No.30 of 2001 on the file of the Motor Accident Claims Tribunal (Additional District Judge) at Nizamabad (for short, 'the Tribunal'), the claimant filed M.A.C.M.A.No.3575 of 2005 and the Insurance Company filed M.A.C.M.A.No.490 of 2009.

(2.) The claim petition was filed seeking compensation of an amount Rs.2,00,000.00 on account of the death of the deceased Kuna Sathish in the motor vehicle accident that occurred on 31/5/2000. The case of the claimant is that he is the brother of the deceased. At the time of accident, the deceased was aged about 8 years and earning an amount of Rs.3,000.00 per month. The Tribunal, basing on the plea taken by the Insurance Company, has dealt with the issue whether the brother of the deceased is dependant to maintain claim under Sec. 166 of the Motor Vehicles Act (for short, 'the Act'). The Tribunal relying on clause (11) of Sec. 2 of C.P.C. has come to the conclusion that the claimant, who is the brother of the deceased, can maintain an application, granted compensation of Rs.5,000.00 under the head of loss of love and affection and Rs.5,000.00 was also granted towards funeral expenses and an amount of Rs.50,000.00 is granted under non-pecuniary damages, in all the Tribunal has awarded compensation of an amount of Rs.60,000.00.

(3.) Learned counsel appearing for the claimant submits that the Hon'ble Apex Court in Meena Devi v. Nunu Chand Mahto,(2023) 1 SCC 204. in case of a boy of 12 years has granted an amount of Rs.5,00,000.00. It is submitted that the Tribunal ought to have considered the same and ought to have granted the said compensation.