1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.04.2009 CORAM: THE HONOURABLE MR.JUSTICE G.M. AKBAR ALI C.M.A.(MD).No.487 of 2008 and M.P.No.1 of 2009 Divisional Manager The oriental Insurance Co.Ltd., Shoba T.S.M.,Complex, Railway Station Road, Palakkadu ... Appellant/2nd Respondent Vs. 1.Pandi 2.Minor Priyanga Gandhi@Kaliswari 3.Minor Kalidass ... 1-3 Respondents/1-3 petitioners 4.G.Srinivasan ...4th Respondents/1st Respondent [2nd & 3rd respondents[Minor] represented by his father and next friend 1st respondent pandi] PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act to set aside the award of Rs.2,48,000/-(Rupees Two Lakhs Forty Eight Thousand Only) passed in M.C.O.P.No.1231/2005, dated 30.08.2007, on the file of the Motor Accidents Claims Tribunal cum Additional District & Sessions Judge,(FTC-II),Madurai. For Appellant : M/s.K.Bhaskaran. For Respondents : Mr.R.Subramanian (R1 to R3) For R4 :No appearance. J U D G M E N T The first petitioner is the father and the second and third petitioners are brother and sister of the eleven years old boy, who died in an road accident on 17.11.2004 at Kallupatti to Kalligudi road near Alagathri Chettiar Oorani, ,Villur. According to the petitioners, the deceased was proceeding to his house on the left side of the road. A van bearing registration No.TN 8832 was driven in a rash and negligent manner and dashed against the said boy and caused major injuries. He was admitted and later died in the hospital on 18.11.2004. The petitioners have lost eleven years old boy, who is the son of the first petitioner. The petitioners have claimed a sum of Rs.5,00,000/- as compensation before Motor Accident Claims Tribunal, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The second respondent Insurance company has resisted the claim. However the Tribunal, on perusal of the oral and documentary evidence had granted a sum of Rs.2,48,000/- in which the loss of income was calculated at Rs.2,25,000/-. Aggrieved by the amount of compensation, the Insurance Company has preferred the present appeal. 3.The learned counsel for the Appellant would submit that the deceased was eleven years old boy and the income of eleven year old boy cannot be fixed and the Tribunal was wrong in calculating the income of the boy and applying the multiplier 15. The learned Counsel for the petitioner relied on the Judgment in New India Assurance Co. Ltd. v.Satender & Ors., reported in AIR 2007 Supreme Court 324 wherein, the Hon'ble Supreme Court had awarded a sum of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand only) for loss of income. 4.The learned counsel for the respondent also conceded to this. Therefore, this Court redetermines the compensation as follows: Loss of income on death of eleven years old boy ---- Rs.1,80,000 Loss of love and affection for 1st petitioner ---- Rs. 10,000 Loss of love and affection for the second and Third petitioner ---- Rs. 10,000 For funeral expenses ---- Rs. 3,000 ............ Rs.2,03,000 ........... In the result the appeal is allowed and out of the above said award amount of Rs.2,03,000/-, the first petitioner is entitled to a sum of Rs.1,03,000/- with proportionate interest and costs and he is permitted to withdraw above said amount, after making necessary applications and the second and third petitioners are entitled to a sum of Rs.50,000/-each and they being minors, the amount awarded in their favour shall be deposited in any one of the nationalized Bank proximate to the place of the residence of petitioners till they attain the age of majority. The first petitioner is permitted to withdraw the interest from the deposit made in the name of first and second petitioners and utilize the same for their welfare. Consequently, connected Miscellaneous Petition is closed. No costs. arr Sd/- Registrar Registrar /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Motor Accidents Claims Tribunal cum Additional District & Sessions Judge, (FTC-II), Madurai. + 1 cc to Mr.K.Bhaskaran, Advocate SR.No.8003. + 1 cc to Mr.R.Subramanian, Advocate SR.No.8487. C.M.A.(MD).No.487 of 2008 Dated:22.04.2009 3P/4C NS 20.05.2009 https://hcservices.ecourts.gov.in/hcservices/