Narain Singh and Others vs Sadhu Singh and Others

Rajendra Menon, J.—Appellants herein who are the parents of a child aged 4 years have filed this appeal seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dabra in Claim Case No. 26/2000. It is the case of the appellant at their daughter Hemlata, a child of about 4 years died in a accident that took place in the afternoon at 2.00 p.m. on 17.10.1995 under Police Station Picchore when the child was playing in front of her house and a bus No. MP07 F 162 driven rashly and negligently came and dashed on the child who was standing 6 ft. away from the road. It is stated that Hemlata was dragged for more than 36 ft. and she died on the spot. Inter alia claiming a sum of Rs. 12,60,000 as compensation for death of the child claimants filed the application and the Claims Tribunal has awarded a sum of Rs. 80,000 along with interest at the rate of 12% per annum with effect from the date of filing of the claim application. Seeking enhancement of compensation claimants are before this Court.

Placing reliance on a judgment rendered by a bench of this Court in the case of Parvat v. Sheikh Ejaj and Ors. II (2006) ACC 115 : 2006 ACJ 1507, Mr. Agarwal, Counsel for appellants claims that in this case also claimants are entitled to a compensation of atleast Rs. 1,25,000.

Refutting the aforesaid Mr. Gajendragadkar, learned Counsel representing the respondents Insurance Company argued that as the accident took place more than 10 years back on 17.10.1995 and the child was only a girl child aged 4 years and there being no material to show what was her prospects in life and to what extent she would be faired in her career and life, award of compensation made is just, fair and reasonable and does no warrant any enhancement. In support of his contention Mr. Gajendragadkar relies on a judgment of Division Bench of this Court in the case of Associated Cement Companies Ltd. Vs. State of Madhya Pradesh and Another, ; Mrs. Helen C. Rebello and Others Vs. Maharashtra State Road Transport Corpn. and Another, .

Having heard learned Counsel for the parties and on perusal of the material available on record it is seen that the accident had taken place on 17.10.1995. The child in question was a girl child aged 4 years and for her death the compensation awarded is only Rs. 80,000. Appellants are parents of the child. For the death of a girl aged 16 years a Division Bench of this Court in the case of Suganbai and Another Vs. Subhash and Others, has awarded a compensation of Rs. 1,50,000 and another Bench of this Court in the case of Parvat Singh (supra) for death of a child aged 6 years had awarded a compensation of Rs. 1,27,500. In the present case the compensation awarded is only Rs. 80,000.In the case of Parvat (supra) learned Judge has taken notional income per year as Rs. 15,000 and by considering the age of child multiplier of 15 has been applied and 50% has been deducted from the anticipated income of the deceased and the compensation has been worked out at Rs. 1,27,500 and thereafter a sum of Rs. 10,000 towards loss of love and affection and Rs. 5,000 towards funeral expenses have been granted. Even though the Division Bench in the cases relied upon by Mr. Gajendragadkar had granted compensation less in amount but the accidents in those cases took place in the year 1987 and 1988 and as appellants have lost only their girl child who was born to them after more than 15 years of their marriage, as is established from the material available on record, I am of the considered view that the interest of justice would be met in case the same principle applied by Bench of this Court in the case Parvat (supra) is applied.

Considering the same taking the notional income at Rs. 15,000 and by applying the multiplier of 15, after deducting 50% towards annual dependency the compensation in this case would also come to Rs. 1,12,500. To this a sum of Rs. 10,000 for loss of love and affection and a sum of Rs. 5,000 towards funeral expenses is required to be added which brings the total compensation to Rs. 1,27,500 as has been done in the case of Parvat (supra) and, therefore, the total compensation would come to Rs. 1,27,500 (Rupees one lac twenty seven thousand five hundred only). As claimants have already been awarded a sum of Rs. 80,000, this appeal is allowed and it is held that the claimants are entitled to further sum of Rs. 47,500 (Rupees forty seven thousand and five hundred only). This enhanced amount of Rs. 47,500 shall carry interest at the rate of 6% per annum from the date of award.

Appeal stands allowed and disposed of with the aforesaid.