Ambu Ram and Others vs Sunil Kumar and Others

Jitendra Chauhan, J.—The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation awarded by the learned Motor Accidents Claims Tribunal, Karnal (for short ''the Tribunal''), vide award dated 26.7.2010, on account of death of Shish Pal, son of the appellants, in a motor vehicular accident. Learned counsel for the appellants contends that the age of the deceased was eleven years at the time of his death. He was a student of 5th standard. The learned Tribunal awarded a lump sum amount of Rs. 2,32,000/-, which is highly inadequate.

On the other hand, the learned counsel for the respondent No. 2 submits that the compensation awarded by the learned Tribunal is just and appropriate, as the deceased was a minor at the time of his death. Therefore, the present appeal deserves to be dismissed.

Despite service, none appeared on behalf of respondent No. 4.

I have heard the learned counsel for the parties and perused the record carefully.

The factum of accidental death of Shish Pal, aged eleven years, is not disputed. The deceased was a student of 5th standard. In Kishan Gopal and Another Vs. Lala and Others, the deceased was a young boy of 10 years. The Hon''ble Supreme Court by taking the notional income of the child at Rs. 30,000/- per annum and applying the multiplier of 15, according to the age of the parents of the deceased, awarded a sum of Rs. 4,50,000/- plus Rs. 50,000/- under conventional heads. Keeping in view the same, in the present case, this Court feels that the ends of justice would be met, if the compensation awarded by the Tribunal is enhanced from Rs. 2,32,000/- to Rs. 5 lacs (Rs. 4,50,000 + 50,000/- under conventional heads). Ordered accordingly.

Accordingly, the enhanced compensation amount i.e. Rs. 2,68,000/- shall be paid to the claimant-appellants, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5 % per annum from the date of the filing of the appeal till its realisation. In view of findings recorded in FAO-1403-2011, decided on even date, the enhanced amount shall be paid by respondent No. 4-Rishal Singh. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.