JUDGMENT T.S. Doabia, J. 1. Saleem, a young man of 18 years, died in an accident. On 10.6.1990, he was travelling in a Tempo bearing No. MBH 6606. He was going towards Balmore, near Jadda Ka Pura, a truck bearing No. MBG 9315 hit this Tempo and he died. A claim petition was filed by the parents of the deceased. This was subject- matter of adjudication before the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal'). The Tribunal has come to the conclusion: (i) That Saleem died on account of rash and negligent driving on the part of the truck referred to above. (ii) That Saleem, who died in the accident, is a Tempo mechanic and he was earning Rs. 15/- per day. Accordingly, his income was assessed as Rs. 450/-per month. (iii) That it was accordingly concluded that he would be contributing only Rs. 150/- p.m. towards the family kitty. Applying a multiplier of 16, compensation to the extent of Rs. 28,800/- was granted. (iv) That another sum of Rs. 25,000/-was allowed towards mental agony and grief suffered by the parents. This was granted under the head mental pain and agony. (v) That the total amount which thus came to be awarded by the Tribunal was Rs. 53,800/-. 2. The claimants have preferred this appeal. According to them, the compensation awarded is meagre. The New India Assurance Co. Ltd. has filed cross-objections. According to it, the claimants are not entitled to a sum of Rs. 25,000/-for mental pain and agony. 3. The question as to whether the accident took place or not and as to whether the offending truck driver was driving rashly and negligently is a matter on which nothing much has been said by the insurance company and as noticed above, the only serious argument is with regard to the quantum of compensation. 4. It has come on the record that Saleem was working as Tempo mechanic. It has also come on the record that on the fateful day, he was travelling in this Tempo with a view to repair another Tempo at Balmore. 5. Judicial notice can be taken of the fact that minimum wages have been fixed for skilled and unskilled labourers by the Collector. For unskilled labour, the rate fixed by the Collector is around Rs. 39/-per day.
5. Judicial notice can be taken of the fact that minimum wages have been fixed for skilled and unskilled labourers by the Collector. For unskilled labour, the rate fixed by the Collector is around Rs. 39/-per day. If this figure is taken into consideration and 25 days in a month are considered as the days on which a workman would work, then the income of a workman should be a little less than Rs. 1,000/- per month. Taking into consideration the fact that Saleem was a skilled workman, it would be just and proper to assess his income at Rs. 900/-per month. Therefore, it would be apt to conclude that he was contributing Rs. 500 towards the family kitty, as he was a young man staying with his parents. The figure for one year would accordingly come to Rs. 6,000/-. 6. Taking into consideration the law laid down by this court in State of M.P. v. Ashadevi 1988 ACJ 846 (MP), a multiplier of 16 is being applied and the compensation is being assessed accordingly. 7. So far as the question as to whether the claimants are entitled to compensation on account of mental agony is concerned, it is settled that no amount can be granted under this head. This court in Nasruddin v. Kadir Ahmed 1986 ACJ 94 (MP), observed as under: His another submission is that the applicants should also have been compensated for their pain and suffering from the accidental death of Salim. So far as the latter submission of the learned Counsel is concerned, suffice it to say that there is no foundation in law for advancing and basing such a claim. The Tribunal has rightly rejected the same. Earlier to this, the Supreme Court of India in N. Sivammal v. Managing Director, Pandian Roadways Corporation 1985 ACJ 75 (SC), has laid down in categoric terms that compensation cannot be awarded for agony suffered by the dependants. Same is the view expressed by a Full Bench of Andhra Pradesh High Court in the Case reported as Andhra Pradesh State Road Trans. Corporation v. Ch. Narasava 1987 ACJ 419 (AP). 8. In view of the above situation of law, the learned Tribunal committed an error in awarding a sum of Rs. 25,000/- towards mental agony suffered by the parents of Saleem. The claimants, as such, would not be entitled to this amount.
Corporation v. Ch. Narasava 1987 ACJ 419 (AP). 8. In view of the above situation of law, the learned Tribunal committed an error in awarding a sum of Rs. 25,000/- towards mental agony suffered by the parents of Saleem. The claimants, as such, would not be entitled to this amount. They would be entitled to the compensation as indicated above. 9. The claimants would also be entitled to the interest on the enhanced amount of compensation. The insurance company would make the payment from the date of the application. The rate of interest would be 12 per cent per annum and the enhanced amount would be paid within a period of three months, on failure to pay the same within the aforementioned period the claimants would be entitled to interest at the rate of 18 per cent per annum. The period of three months would begin from the date copy of the order passed by this court is made available to the insurance company by the claimants. The claimants would also be entitled to costs. Costs Rs. 1,000/-