United India Insurance Co Ltd vs Syed Aijaz And 3 Others
2022 Latest Caselaw 3280 Tel

 HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU


                 M.A.C.M.A.No.1207 OF 2018

JUDGMENT :

1. This appeal has been preferred by the Insurance

Company against the award passed by the Motor Accidents

Claims Tribunal in O.P.No.2077 of 2013, by which, a sum

of Rs.5,00,000/- (Rupees Five Lakhs only) was awarded as

compensation for the death of a 15 years boy, who is

brother of the 1st petitioner.

2. Though, so many grounds are raised in the grounds

of appeal, the learned counsel for the appellant focused on

the observation made by the Court below, by which,

income of the deceased was considered as Rs.30,000/-

(Rupees Thirty thousand only) per annum.

3. The learned counsel for the petitioner has submitted

that no proof has been filed and the deceased was 15 years

old boy. Therefore, such income cannot be expected from a

boy of such age. Thereby, the Court below committed error

in awarding Rs.5,00,000/- (Rupees Five Lakhs only) as

compensation.

4. No representation for the respondents.

5. I have perused the award passed by the Court below.

The learned Trial Judge having placed reliance on number

of judgments including the one reported in L.A.W.S (S.C)

2013 (8) 57 between Kishan Gopal vs Lala, wherein, it is

observed that even in the case of death of children between

the age group of 10 - 15 years, compensation shall be

awarded by taking Notional Income of deceased as

Rs.30,000/- (Rupees Thirty thousand only) and a

multiplier can be taken on the basis of the age of the

father.

6. I see no reason to come to a different conclusion.

The other factors like application of multiplier and award of

the other amounts need not be disturbed. Therefore, the

appeal is liable to be dismissed. Accordingly, the appeal is

dismissed. There shall be no order as to costs.

7. Miscellaneous petitions, if any, pending shall stands

closed.

___________________________________ JUSTICE SAMBASIVA RAO NAIDU

Date: 01.07.2022.

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HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU

M.A.C.M.A.NO. 1207 OF 2018

DATE: 01-07-2022

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