Hari Ram and Another vs Murlidhar and Others

Arun Bhansali, J.—This appeal u/s 173 of the Motor Vehicles Act, 1988 (''the Act'') has been filed for enhancement of compensation awarded by the Motor Accident Claims Tribunal-I, Jodhpur (''the Tribunal''), whereby the Tribunal has awarded a sum of Rs. 88,000/- to the claimants for the death of Kumari Jhamu daughter of the appellants aged about 12 years. The facts in brief are that the claimants filed an application seeking compensation for death of their daughter Kumari Jhamu, who was aged about 12 years and was involved in the accident on 12.8.1994 with Jeep No. RST-4616, which was allegedly being driven rashly and negligently by its driver Murlidhar. Kumari Jhamu suffered injuries and during the course of treatment, she died on 14.8.1994 at hospital. The claimants claimed compensation to the tune of Rs. 5,20,000/-.

The application was opposed by the owner, driver and insurance company.

The Tribunal framed four issues and after parties led their evidence, it came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the jeep, which resulted in death of Kumari Jhamu, the claimants were entitled for compensation to the tune of Rs. 88,000/- (taking the dependency at Rs. 9,000/- per annum and applying the multiplier of 08 and after awarding Rs. 2,000/- towards funeral expenses, Rs. 5,000/- towards treatment, Rs. 2,000/- towards suffering and Rs. 5,000/- towards mental and physical pain), the Insurance Company was liable to pay the compensation and recover the same from the owner of the vehicle.

It is submitted by learned counsel for the appellants that the amount awarded by the Tribunal is quite meager and on lower side and in fact, it is contrary with law laid down by the Hon''ble Supreme Court in Manju Devi and Another Vs. Musafir Paswan and Another wherein the Hon''ble Supreme Court for the death of a boy aged 13 years awarded compensation to the tune of Rs. 2,25,000/-.

Learned counsel for the respondent-Insurance Company opposed the averments made in this regard and submitted that the appellants have failed to prove the income of the deceased, who was only 12 years old girl and the amount of compensation awarded by the Tribunal is, therefore, justified.

I have considered the rival submissions.

The Hon''ble Supreme Court in the case of Manju Devi (supra) has clearly after taking cue from the second schedule of the Act has applied the multiplier and income of a non-earning person in case of death of 13 years old child. In the present case also, the deceased was admittedly 12 years old girl and though the evidence was led to show that she was contributing to the family by way of cattle grazing, the compensation awarded by the Tribunal appears to be wholly inadequate and the same deserves to be enhanced.

In view of the judgment cited by learned counsel for the appellants in the case of Manju Devi (supra), the income of the deceased Kumari Jhamu is taken as Rs. 15,000/- per annum and after applying a multiplier of 15, the appellants are entitled to compensation of Rs. 2,25,000/- and after adding Rs. 16,000/- as awarded by the Tribunal under various other heads, the appellants are entitled to a total compensation of Rs. 2,41,000/- instead of Rs. 88,000/- as awarded by the Tribunal. In the result, the appeal is allowed. The award passed by the Tribunal is modified to the extent that the appellants would be entitled to a further sum of Rs. 1,53,000/- alongwith interest @ 6% per annum from the date of filing application on the said enhanced amount i.e. From 17.1.1995 till the date of actual payment. The rest of the terms of the award, whereby the Insurance Company was granted liberty to recover the amount paid by it from the owner of the vehicle with interest shall remain undisturbed.