Prakash Chandra And Ors vs Hari Singh And Ors

The instant appeal under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act of 1988') for enhancement of compensation has been filed by the appellants - parents of the deceased Kumari Renu, against the award dated 05.03.2002, passed by the learned Judge, Motor Accident Claims Tribunal-I, Jodhpur (in short 'Tribunal') in MAC No.245/1999.

Brief facts of the case are that on 27.08.1998, when deceased Kumari Renu was traveling in a Jeep, a bus bearing registration No.RJ 15-P-0131, driven by Hari Singh respondent  No.1 in a rash and negligent manner, hit the Jeep, on account of which, she died on the spot.

A claim petition under Section 166 of the Act of 1988 was filed by parents of the deceased before the learned Tribunal and prayed for awarding a sum of Rs.6,06,000/- as compensation.

A reply to the claim petition was filed by Insurance Company respondent No.3 disputing the accident caused by the bus driver. It was contended that at the time of accident driver of the bus was not having valid driving license.

After inquiry, the learned Tribunal has awarded a sum of Rs.1,25,000/- along with interest @ 9% per annum as compensation.

Being aggrieved and dissatisfied with the quantum of award, the appellants preferred the instant appeal before this Court, with the prayer to enhance the compensation amount awarded by the learned Tribunal.

Learned counsel for the appellants, while relying on the judgment of Hon'ble Supreme Court rendered in Kishan Gopal and Anr. Vs. Lala and Ors. : (2014) 1 SCC 244, contended that the Hon'ble Supreme Court awarded Rs.5,00,000/- on the death of 10 years old child, died in a road accident. Amount awarded by the learned Tribunal is very meagre. At the time of accident, deceased was student of Class Vth, she was very brilliant and active one.

Learned counsel for the appellants also contended that learned Tribunal has erred in not taking into account future prospectus and carrier advancement of life of the deceased; claimants have not been compensated suitably in the head of loss of love and affection. Learned counsel for the appellants prays to award Rs.3,50,000/- as compensation to the claimants.

Learned counsel for the Insurance Company contended that the amount of compensation awarded by the learned Tribunal is just and fair.

Heard learned counsel for the parties and perused the record.

In the claim petition, deceased was shown as 8 years old. In the affidavit of father of the deceased nothing has been averred regarding age of the deceased. Though, deceased was shown to be a student of Class Vth at the time of accident, no school record regarding age of the deceased has been produced in support of the age. There is no reason not to rely upon the facts narrated in the claim petition filed by the parents of the deceased before the Tribunal.

In the case of Kishan Gopal (supra), the Hon'ble Supreme while assessing the compensation money for death of a 10 years old boy, who was assisting the parent in their agricultural occupation, took his notional income as Rs.30,000/- and further taking the young age of the parents, by applying the legal principles laid down in Sarla Verma Vs. Delhi Transport Corporation : (2009) 6 SCC 121, using multiplier of 15 awarded Rs.4,50,000/- in the head of loss of income and Rs.50,000/- in conventional heads.

In the present case, since deceased was below 10 years of age at the time of incident, the amount of compensation awarded by the Hon'ble Supreme Court in Kishan Gopal (supra) cannot be taken as precedent regarding quantum of compensation to be awarded.

Considering the facts and circumstances of the present case and the law laid down in the case of Kishan Gopal (supra) as also the guidelines issued by RSLSA with regard to settlement of matters in the spirit of Lok Adalat, it would be just and fair to award Rs.3,50,000/- as compensation to the claimants.

Consequently, the appeal is partly allowed. The award dated 05.03.2002 is modified to the extent that claimants would be entitled to a compensation of Rs.3,50,000/- instead of Rs.1,25,000/- as awarded by the Tribunal. The appellants are also entitled to get interest @ 6% from the date of filing of claim petition i.e. 24.05.1999 till the date of actual payment. The enhanced compensation amount shall be paid in the joint saving bank account of the appellants through the Tribunal within one month from the date of this judgment.