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1998 DIGILAW 371 (PAT)

Sushila Devi v. Nivendan Choudhary

1998-05-06

GURUSHARAN SHARMA

body1998
Order Mr. Ajay Kumar, Advocate appears and files Vakalatnama on behalf of the respondent no. 3. Let it be kept on record. 2. Heard the parties and with their consent this appeal is disposed of at the stage of hearing under Order 41 Rule 11 of the Code of Civil Procedure. 3. It appears that in a motor accident, on 2.1.1990, one 11 years old boy, namely, Rajendra Kumar Singh, who was a student of class VIII died. The tribunal assessed a sum of Rs. 24,000/- payable as compensation to the mother of deceased child, assessed under the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). The claimant has, therefore, challenged the said Judgment and Award dated 19.2.1994, passed by the 2nd Additional Judge-cum-Motor Vehicles Accident Claim Tribunal, Purnia in Claim Case No. 28 of 1990 in this appeal, filed under Section 173 of the Act and has prayed for enhancement of amount of compensation. 4. From the evidence adduced, it is clear that the accident occurred due to rash and negligent driving of the truck, bearing registration no. BRJ 9231 involved, and hence the tribunal rightly held that the owner of the vehicle was liable to give compensation to the claimant and as the said vehicle was insured the said liability was to be indemnified by the insurer. While assessing compensation, in my view, the tribunal committed an error, when he took notional income of the deceased child and also used multiplier etc. 5. It is well settled that in case of death of a child in motor accident, compensation is to be awarded on lump sum basis, considering the status of the parties, financial condition of the family of which the deceased belonged to, the future expectancy of the deceased and love and affection of the parents. However, the deceased child was non-earning member. 6. Looking to the intention of the Parliament in the Act, I find that on the death of a person, in case of 'no fault liability', the compensation should not be less than Rs. 50,000/-. It can be taken as good guidance to determine the question of compensation in case of death of a child. 7. Considering all aspects in the present case, in my opinion, a sum of Rs. 50,000/- would be the proper assessment of compensation on lump sum basis to be paid to the claimant-appellant herein. 50,000/-. It can be taken as good guidance to determine the question of compensation in case of death of a child. 7. Considering all aspects in the present case, in my opinion, a sum of Rs. 50,000/- would be the proper assessment of compensation on lump sum basis to be paid to the claimant-appellant herein. Hence, the impugned judgment and award is modified and the quantum of total compensation assessed by the tribunal to the tune of Rs. 24,000/- is enhanced to Rs. 50,000/- only. 8. It is stated that a sum of Rs. 25,000/-, by way of interim compensation has already been paid. Hence deducting the said amount, the balance amount of compensation to the tune of Rs. 25,000/is directed to be paid by the Insurance company-respondent no. 3 to the claimant-appellant forthwith. 9. This appeal is, accordingly, disposed of with said modification in the impugned judgment and award.