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.557 of 2008 and M.P.(MD)No.1 of 2008 and M.P.No.1 of 2009 and Cross Objection (MD) 2 of 2009 National Insurance Company Limited Rep.by its Branch Manager Bodinayakanur ... Appellant /2nd Respondent in CMA 557/2009 and 1st Respondent / Appellant in Cross Obj. 2/2009 vs. 1.Nagaraj 2.N.Selvi ...Respondents/Petitioners in CMA 557/08 and Cross Objectors /Respondents 1&2 in Cross Obj.2/2009 3.V.Babu ...Respondent/1st Respondent in CMA 557/08 and 2nd Respondent/3rd Respondent in Cross obj.2 / 2009 (R3 remained ex-parte before the Tribunal) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the judgement and decree dated 10.12.2007 and made in M.C.O.P.No.351 of 2002 on the file of the Motor Accident Claims Tribunal/Sub-Judge, Palani. For Appellant : R.Srinivasan For RR1 & R2 : R.Subramanian J U D G M E N T This Civil Miscellaneous Appeal has been filed against the judgment and decree dated dated 10.12.2007 and made in M.C.O.P.No.351 of 2002 on the file of the Motor Accident Claims Tribunal/Sub-Judge, Palani. 2. The petitioners are the parents of one suriyan, who was five years old at the time of accident, which occurred on 20.05.2002, near https://hcservices.ecourts.gov.in/hcservices/ 2 Karapalayam Town police station within the jurisdiction of Bodinayakanur Police station. According to the petitioner, the boy was playing in front of the house on the left side of the road and an auto bearing Registration No.TN60 7012 was driven in a rash and negligent manner and dashed against the boy, who died on the spot. The petitioners claimed a sum of Rs.5,00,000/- before Motor Accidents Claims Tribunal. 3. The Claim was resisted by the respondent Insurance Company. 4. However, based on the oral and documentary evidence, the learned Tribunal found that the driver of the Auto has driven the vehicle in a rash and negligent manner and caused the accident and awarded a sum of Rs.1,61,000/-(Rupees One Lakh and Sixty One Thousand Only) holding that the Insurance Company is liable to pay the compensation. 5. Aggrieved by the decree and judgment and questioning the quantum, the Insurance Company has preferred the appeal and the petitioners have also filed cross objection for enhancement of the compensation of the quantum in its appeal as against the Insurance company. 6. Heard Mr.R.Srinivasan, learned counsel for the appellant and Mr.R.Subramanian, learned counsel for the respondent Nos. 1 & 2 and perused the materials available on record. 7. Learned counsel for the appellant would submit that the Tribunal has awarded a sum of Rs.1,44,000/-(Rupees One lakh and Forty Four Thousand Only) for loss of income, which is on the higher side. He further submitted that a just and reasonable compensation has to be awarded. 8. Learned counsel for the respondent Nos. 1 & 2 submitted that the claimants are entitled much more compensation, as they have lost their only son in the accident. He relied on the judgment in New India Assurance Co.Ltd. v. Satendar & Ors reported in AIR 2007 Supreme Court 324. wherein the Hon'ble Supreme Court had awarded a sum of Rs.1,80,000/- as compensation for the death of 9 years old child. Therefore, on the basis of the above judgment, I am fixing the compensation at Rs.1,80,000/-(Rupees One Lakh and Eighty Thousand Only) for loss of income. In the result, the compensation awarded by the Tribunal is modified as follows: For Loss of Income -Rs.1,80,000/- For love and affection -Rs. 15,000/- For funeral expenses -Rs. 5,000/- -------------- Total -Rs. 2,00,000/- ------- ------ https://hcservices.ecourts.gov.in/hcservices/ 3 9. In the result, the compensation awarded by the Tribunal is enhanced to Rs.2,00,000/-(Rupees Two Lakhs Only) and the appellant/Insurance Company is directed to pay the enhanced compensation with proportionate interest and costs. It is made clear that the compensation shall carry the interest at the rate of 6% per annum from the date of claim. The respondent Nos. 1 & 2/claimants are directed to share the compensation amount equally and they are permitted to withdraw the entire award amount with accrued interest and costs. Accordingly, this Civil Miscellaneous Appeal is dismissed and Cross objection is allowed. No Costs. Consequently, connected miscellaneous petitions are also closed. SD/- Deputy Registrar /True Copy/ Assistant Registrar To 1.The Subordinate Judge, The Motor Accident Claims Tribunal,Palani. 2.The Record Keeper, VR Section Madurai Bench of Madras High Court, Madurai +1 CC TO MR. R. SRINIVASAN, ADVOCATE S.R NO. 8192 +1 CC TO MR. R. SUBRAMANIAN, ADVOCATE S.R NO. 8488 C.M.A.(MD).No.557 of 2008 22.04.2009 arr PAM 02.07.2009/5C/3P https://hcservices.ecourts.gov.in/hcservices/