Nagappan and Another Vs. M.B. Ajith and Another - Court Judgment

Excerpt:
.....court of india - court held considering arguments of respective parties, court is of view that supreme court considered these aspects and fixed notional income of children, age group of 10-15 in cases of fatal accident by following principles laid down by apex court of india in this regard, court is inclined to consider ground of appeal and appeal is partly allowed, by enhancing compensation appellants-claimants are entitled for 6% interest per annum for enhanced compensation in all other respects including order of pay and recovery, findings of tribunal is confirmed appeal partly allowed. (paras 4, 5, 6) case relied: 1. r.k.mallik and another v. kiran pal and others reported in 2009 (1) tn mac 593 (sc). .....act, 1988 against the judgment and decree made in m.c.o.p.no.26 of 2008, on the file of the motor accident claims tribunal, kulithalai, dated 22.07.2010.) 1. the appellants/claimants have filed the present c.m.a(md)no.1680 of 2010, challenging the award passed inmcop.no.26 of 2008, dated 22.07.2010, on the file of the motor accident claims tribunal, kulithalai. 2. it is a case of a fatal accident caused on account of an accident took place on 13.09.2007 around 8.15 a.m. near dharmapuri to vellampatty road. the legal heirs of the deceased filed an application seeking compensation before the motor accident claims tribunal, kulithalai inmcop.no.26 of 2008. considering the facts and circumstances of the case, the tribunal awarded rs.1,85,000/- as total compensation. challenging the.....

Judgment:

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and Decree made in M.C.O.P.No.26 of 2008, on the file of the Motor Accident Claims Tribunal, Kulithalai, dated 22.07.2010.)

1. The appellants/claimants have filed the present C.M.A(MD)No.1680 of 2010, challenging the award passed inMCOP.No.26 of 2008, dated 22.07.2010, on the file of the Motor Accident Claims Tribunal, Kulithalai.

2. It is a case of a fatal accident caused on account of an accident took place on 13.09.2007 around 8.15 a.m. near Dharmapuri to Vellampatty Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Kulithalai inMCOP.No.26 of 2008. Considering the facts and circumstances of the case, the Tribunal awarded Rs.1,85,000/- as total compensation. Challenging the same, the appellants/claimants preferred this appeal seeking enhancement on the ground that the notional monthly income fixed by the Tribunal was erroneous and not in accordance with the guidelines issued by the Hon'ble Supreme Court of India in case of R.K.Mallik and another v. Kiran Pal and others reported in 2009 (1) TN MAC 593 (SC).

3. The learned counsel appearing for the respondent opposed the appeal by stating that during the relevant point of time, the notional income was correctly fixed and further the deceased was aged about 12 years. Hence, no re-consideration of the award is required.

4. Considering the arguments of the respective parties, this Court is of the view that the Hon'ble Supreme Court of India considered these aspects and fixed the notional income of the children, the age group of 10-15 in the cases of fatal accident as below:

Fatal Accident Compensation-Quantum-Computation

	Children in Age group of 10-15 years
	Pecuniary Loss	Funeral Expenses	Loss of Books, etc.	Non- Pecuniary Loss	Loss of Future Prospects	Total Compens-ation	Interest
	Rs.	Rs.	Rs.	Rs.	Rs.	Rs.	%
Tribunal	1,50,000	5,000	-	-	-	1,55,000	6% for 4 years
High Court	1,50,000	5,000	1,000	75,000	-	2,31,000	7.5%
Supreme Court	1,50,000	5,000	1,000	75,000	75,000	3,06,000	7.5%

5. By following the principles laid down by the Hon'ble Apex Court of India in this regard, this Court is inclined to consider the ground of appeal and accordingly the Civil Miscellaneous Appeal is partly allowed, by enhancing the compensation from Rs.1,85,000/- to Rs.3,06,000/-.

6. The appellants/claimants are entitled for 6% interest per annum for the enhanced compensation. In all other respects including the order of pay and recovery, the findings of the Motor Accident Claims Tribunal, Kulithalai in MCOP.No.26 of 2008, dated 22.07.2006, is confirmed.

7. The second respondent/United India Insurance Company is directed to deposit the entire award amount with accrued interest within a period of four weeks from the date of receipt of a copy of this order and the appellants/claimants are permitted to withdraw the entire award amount with accrued interest through RTGS, by filing necessary application before the Tribunal. No costs.