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Judgment
K. Mohan Ram, J.—The above appeal has been filed by the claimants in MCOP No. 2053 of 1996 on the file of the Motor Accidents
Claims Tribunal (IV Judge of Small Causes), Chennai. The appellants filed the claim petition seeking a compensation of Rs. 3,00,000/- towards
death of their Son M. Saravanakumar, who was aged 16 years on the date of the accident viz., 09.05.1996.
According to the claimants, their son had studied upto 9th standard and in proof of the same Ex.A.1 was marked. The Tribunal on consideration
of various decisions cited before it, has awarded a lumpsum compensation of Rs. 1,50,000/-. On not being satisfied with the award, the above
appeal has been filed.
The learned Counsel for the appellants by relying upon the Judgment of the Supreme Court reported in IV (2005) ACC 15 in the case of Manju
Devi and Anr. v. Musafir Paswan and Anr., submits that the Tribunal ought to have awarded the compensation of Rs. 2,25,000/-.
When the case was called, the counsel for the respondents were absent and there was no representation.
In the said decision, the Apex Court has observed as follows:
In the case of U.P. State Road Transport Corporation and Others Vs. Trilok Chandra and Others, , it has been held by this Court that there
should be no departure from the multiplier method on the ground that payment being made is just compensation. It has been held that the multiplier
method must be accepted method for determining and ensuring payment of just compensation as it is the method which brings uniformity and
certainty to awards made all over the country. In view of this authority, it will have to beheld that the award of compensation had to be made by
the multiplier method.
As set out in the Second Schedule to the Motor Vehicles Act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied.
As per the Second Schedule, he being a non-earning person, a sum of Rs. 15,000/- must be taken as the income. Thus, the compensation comes
to Rs. 2,25,000/-.
When the Hon''ble Apex Court has awarded a sum of Rs. 2,25,000/- as compensation in the case of a death of a 13 year old body, the
principles laid down in that case has to be applied in this case also.
There is no dispute that the deceased boy was aged 16 years on the date of accident. Therefore, this Court is of the considered view that in the
light of the principle laid down by the Apex Court in the above said decision, it will be just and proper to award a compensation of Rs. 2,25,000/-
In the result, the appeal is partly allowed by enhancing the compensation by Rs. 75,000/-. The second respondent is liable to pay the said sum
of Rs. 75,000/- over and above the amount awarded by the Tribunal with interest at 7 1/2 % p.a. from the date of the application. Accordingly the
appeal is partly allowed. There will be no order as to costs.