U.P. State Road Transport Corporation vs Sumitra Devi

M.P. Singh, J.

Heard the learned Counsel for the appellant.

The appellant feels aggrieved by the award of an amount of Rs. 1,50,000/ - as compensation to the claimant on account of the untimely death of the daughter of the claimant-respondent aged about 5 years in an accident involving the offending motor vehicle.

It is said that on 7.5.1994 the claimant-respondent along with deceased Km. Sukhdevi came to Farrukhabad Bus Stand to visit village Hariharpur in district Mainpuri. At that very time at 9.45 a.m. the deceased minor girl was dashed by the driver of U.P. Roadways bus No. U.P. 75/0762 resulting the instantaneous death on the spot.

The learned Counsel for the respondent submitted that the girl met with the accident due to the negligent driving of the bus by the driver. At the bus stand the driver has to take extra precaution and care while driving the bus. There is evidence of the claimant-mother and her brother on the record to show that the accident has taken place due to rash and negligent act of the driver of the aforesaid bus. No evidence was led by the appellant.

The learned Counsel for the appellant submitted that the accident caused due to negligence of the mother of the victim, who left her unconscious at the bus stand. He further submitted that the compensation is highly excessive for the death of minor child, aged about five years.

The learned Tribunal has placed reliance upon a case of United India Insurance Co. Ltd. v. Naukhey Lal Singh TAC 2002 (2) 657, where a Division Bench of this Court has held that the amount of compensation of Rs. 1,50,000/-has been provided under the Schedule-II appended to the Act, even if the claimant has no income.

The Schedule appended to the Motor Vehicles Act has since been deleted but the basis for assessment of the compensation are not effected by the deletion of this Schedule.

The learned Tribunal has mentioned in his judgment that the deceased minor girl would have helped her mother in the household works and this assistance can be assessed in fixing the compensation at Rs. 1,50,000/-. The amount of compensation awarded by the Tribunal includes the mental agony, funeral expenses and 9% interest on the amount awarded. Thus we are of the opinion that the amount of compensation awarded by the Tribunal is just and proper.

Taking into consideration the totality of the circumstances as brought on record, this appeal is totally devoid of merits, which deserves to be and is hereby dismissed in limine.

As prayed, the amount of Rs. 25,000/- deposited in this Court by the appellant u/s 173 of the Motor Vehicles Act be remitted to the Motor Accident Claims Tribunal concerned so that it may be disbursed to the claimant.