S. Umapathi Naidu, v. National Insurance Company,

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO MACMA No.456 OF 2016 AND MACMA No.701 OF 2010 COMMON JUDGMENT:

Both the appeals arisen out of the award dated 28.01.2010 in O.P. No.348 of 2006 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Chittoor, (for short, 'the Tribunal') whereby and whereunder the Tribunal awarded Rs.2,25,000/- with interest at 7.5% per annum for the death of the deceased minor son of the claimants in the claim under Section 166 of the Motor Vehicles Act, 1988 ( for short, 'the Act') for Rs.3,00,000/.

02. Learned counsel for the appellants in claimants appeal contending that the compensation awarded by the Tribunal is utterly low; and the learned counsel for the appellant in insurer appeal contending that the same is exorbitant and excessive and Rs.1,00,000/- is just compensation, even awarded any amount, thereby to reduce.

03. Heard both sides and perused the material on record.

04. It is the settled law that for the age up to 7/8, the life of the children is uncertain, that also cannot be ignored by the court, though otherwise multiplier method to be adopted. Even taken the child in the womb when entitled to no fault amount of Rs.50,000/-, the deceased in this case about 6 years age and with yearly increase to Rs.20,000/- per annum, Rs.25,000/- towards funeral expenses, Rs.10,000/- towards loss of estate and even Rs.20,000/- towards loss of love and affection of child. Hence, the compensation Rs.2,25,000/- awarded by the Tribunal is neither excessive, nor low, but for just. Hence, both the appeals are dismissed. There shall be no order as to costs.

05. Miscellaneous petitions, if any, pending in this appeal shall stand closed.

_______________________________ Dr. B. SIVA SANKARA RAO, J

09.02.2016 BV