HANUMANTHASHETTY AND NAGAMMA Vs. SIGBATHULLA KHAN AND ORS

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award in MVC No. 1/2003 dated 22.7.2011 on the file of the Senior Civil Judge and CJM, Chamarajanagar, whereby the Tribunal has awarded compensation of Rs. 1,13,000/- with interest at 6% per annum from the date of the petition till the date of the deposit. The contention of the learned counsel for the appellants is that the deceased was a minor aged about 5 years. In the case of death of a minor in a motor vehicle accident, the Courts have uniformly awarded the compensation in a sum of Rs. 2,25,000/- towards pecuniary damages, Rs. 75,000/- towards non-pecuniary damages and Rs. 75,000/- towards loss of future prospects. The total compensation awarded in such cases is Rs. 3,75,000/-. Therefore, the Tribunal has erred in awarding only a sum of Rs. 1,80,000/-.

(2.) On the other hand, learned counsel for the respondent-Insurance Company has sought to justify the impugned judgment and award. It is his submission that in the case of death of a minor aged 5 years, the question of awarding pecuniary and non-pecuniary damages as contended by the appellants does not arise.

(3.) I have carefully considered the arguments of the learned counsel made at the Bar and perused the materials placed on record.