JUDGMENT 1. - This is an appeal against award of Motor Accidents Claims Tribunal, Jodhpur dated 3.8 1982 whereby the Tribunal has awarded a sum of Rs 15,000/- to the claimants on account of the death of Mst. Sobha aged about 20 years. 2. The brief facts giving rise to this case are that on 31-10-1979 in the evening at about 4.45 P.M. Mst. Sobha deceased met with an accident when she was going on the left side of the road from Railway Crossing Rai Ka Bagh towards Circuit House and she was passing near K.N. Hali College a truck bearing No. RJO 4075 came with an excessive speed in rash and negligent manner and struck against her, from behind. The truck completely crushed her and she died on the spot. A first information report was filed at the police station and her dead body was immediately taken to the hospital for post mortem. The truck was driven by Pura Ram and it was insured with M/s. New India Assurance Co. Ltd. (hereinafter referred to as the Insurance Company). Mst. Sobha was 20 years of age and student of M.A. (Economics) Final. The present claim petition was filed by her Mother Smt. Prabha, grand-mother Smt. Parvati, father Amba Shankar, her brothers and sisters claiming a compensation to the tune of Rs. 3,00,000/- . It is alleged that after passing her M.A. Final she was intending to join service as a Lecturer in the grade of Rs. 700-1600 and would have drawn minimum emoluments Rs. 1100/- per month. She had decided not to marry and wanted to serve her parents as well as the society. She would have spent Rs. 150/- per month on herself and would have contributed Rs. 950/- per month to the family. She would have atleast served for 35 years. It is further claimed that in the family of the claimants normal span of life had been 80 to 85 years. Thus, a total sum of Rs. 3,00,000/- was claimed as compensation. The claim was contested by the Driver Pura Ram respondent No. 1, the owners respondents No. 2 and 3 and the non-petitioner No. 2 Insurance Company.
It is further claimed that in the family of the claimants normal span of life had been 80 to 85 years. Thus, a total sum of Rs. 3,00,000/- was claimed as compensation. The claim was contested by the Driver Pura Ram respondent No. 1, the owners respondents No. 2 and 3 and the non-petitioner No. 2 Insurance Company. The learned member of the Tribunal after recording the necessary evidence and hearing both the parties awarded a sum of Rs, 15,000/- as compensation to be equally distributed between the claimants No. 1 Smt. Prabha mother of the deceased and claimant No. 3 Amba Shankar, father of the deceased. Aggrieved against this, the present appeal has been tiled by the claimants challenging the quantum of the compensation awarded by the Tribunal. 3. So far as the finding of rash and negligent act is concerned the same has not been disputed before me by either party. Therefore, the finding of rash and negligent need not be disturbed. 4. The only question which Mr. Shrimalee has seriously agitated before me is that the amount of compensation of Rs. 15,000/- is hardly sufficient for the death of a young girl of 20 years of age. Learned counsel submitted that the finding of the Tribunal that she would have done the social service, therefore, she would have not spent any money on the parents and the parents would not have been deprived of any monetary assistance in the event of her death is not correct. I need not go into the niceties of the finding. But the fact remains that deceased Sobha who was 20 years old and was student of M.A. Final as per the evidence of her father, she had decided not to marry, in that case she would have given company to her parents till the life span of her parents. The Tribunal has accepted that if she had not died perhaps she would have appointed as Senior Teacher looking to the marks obtained by her in the examination as she was good second class in M.A. (Prev.) Examinations. It has further come in the evidence that life span in her fathers family is about 70-80 years. Even if it is accepted to be 65 years then too also she would have atleast given company to her parents and would have contributed to the family for 25 years.
It has further come in the evidence that life span in her fathers family is about 70-80 years. Even if it is accepted to be 65 years then too also she would have atleast given company to her parents and would have contributed to the family for 25 years. Thus, in this situation to say that the parents could be awarded a sum of Rs. 15.000/- for compensation is a mockery. It is true that death of a child cannot be compensated but under the provisions of the Act atleast the amount of compensation for a death should be reasonable and not a pretence. Thus, in the present situation. I think that a sum of Rs. 40.000/- will be a small solace to the parents for loss of a bright child like Mst. Sobha. 5. Thus, in the result, the appeal is allowed. In the present case increase the compensation from Rs.15.000/- to 40,000/- with 9% p.a. interest from the date of the claim petition till the date of realisation. The award is modified as indicated above. The amount of compensation shall be recovered from the respondent No. 4 New India Assurance Co. Ltd. and paid to father and mother evenly. 6. The parties are left to bear their own costs.Appeal allowed partly *******