Executive Engineer Phed (Mechanical) Dhanbad Division v. Kameshwer Singh
1997-03-18
P.K.DEB
body1997
DigiLaw.ai
Judgment P.K.Deb, J. 1. This appeal has been preferred against the judgment and award passed in Title (M.V.) suit No. 4/91 of 1989 by the then Vth Additional District Judge-cum-Motor Vehicles Accident Claim Tribunal, Dhanbad. 2. The claim was made to the tune of Rs. 1,50,000.00 .by the respondents due to the accidental death of their daughter in a traffic accident occurred on 2.6.89 at about 9 p.m. Anita Kumar, the daughter of the applicants-respondents came out from the house to catch a rickshaw near Court More, Hirapur, Dhanbad, then the offending Jeep No, B.R.X. 2731 belonging to the appellant came in rash and negligent way and dashed the girl as a result of which she sustained severe injuries and succumbed to such injuries. 3. An information was lodged, but it appears that there was some confusion regarding the date as mentioned in the F.I.R... Learned court below has held that the said date in the F.I.R. was mentioned mistakenly. At the time of the accident, the girl was reading in Class II and was aged about seven years. The expectation of the claimants is that they were bringing up their daughter in such a way that she would have been one day a lady doctors or lecturer, this is the evidence from the side of applicants. On the otherhand. the appellant- opposite party has opposed the accident itself and also the rash and negligent driving. But from the evidence adduced, it is clear that the accident occurred due to rash and negligent driving of the vehicle involved and hence the learned lower court had rightly held that the appellant is entitled to give compensation. While assessing compensation, learned Tribunal has committed some error when he has determined on expectation the future income of the deceased girl to be contributed to the family and also used the multiplier etc. Practically in such sort of cases where the death of a minor boy girl is accused then compensation is to be awarded an lump sum basis considering the status of the parents, financial condition of the family is which the deceased is availing and imagining the scope of deceased in shining in the future life. It is submitted that although the deceased was found to be a brilliant student but her such brilliancy is only in the second standard of the class.
It is submitted that although the deceased was found to be a brilliant student but her such brilliancy is only in the second standard of the class. The deceaseds father is doing business and it seems that she was coming from a well to do middle class family. 4. Considering all aspects, in the present case, Rs. 40,000.00 (fourty thousand) would be the proper assessment of compensation on lump sum basis. The interest awarded by the learned Tribunal is just and proper and there is nothing to be interfered. Hence this appeal is partly allowed by modifying the quantum of award as mentioned above. It is submitted that Rs. 25,000.00 as no fault liability has already been paid by the appellant. The said amount will be deducted from the award of compensation and such payment should also be considered while calculating the interest on the awarded amount.