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2002 DIGILAW 500 (PAT)

Rajnath Singh v. Atul Kumar Sharma

2002-04-15

R.M.PRASAD

body2002
Judgment 1. As agreed, this appeal has been heard for final disposal. 2. This appeal is directed against the judgment and award passed in Claim Case No. 60 of 1996/21 of 1997 by 10th Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Saran, Chapra, in which learned Tribunal has said that the amount of Rs. 50,000/- awarded vide order dated 27.11.1997 to the claimant and received by him is sufficient compensation on the lump-sum basis as no multiplier method can be applied in such a case while considering the accident claim besides interest on the said amount @ 12% per annum. 3. The victim has been found to be aged about 13 years and is a student who died in the accident which took place at Rasulpur Chatti under Rasulpur Police Station in the district of Saran on 26.9.1996. The liability of the Insurance Company in the present appeal is not in dispute. The appeal has been filed by the claimant who is aggrieved by awarding of less compensation. 4. Learned counsel for the appellant has contended that the present case is governed by 2nd Schedule as amended by Act 54 of 1994 with effect from 14.11.1994. It is submitted that as per the said schedule the amount of compensation would roughly come to Rs. 1,50,000/- whereas learned Tribunal has awarded the aforementioned amount on lump-sum basis by ignoring numerous orders and decisions passed by this Court as well as by the Apex Court, wherein Rs. one iac has been awarded in case of death of a student of almost similar age. Learned counsel for the Respondents, though has cited one order which has been reported in 1998 (2) PLJR 616 in which Rs. 50,000/- has been awarded as compensation for death of a young boy, however, he has not been able to dispute that this Court as well as the Apex Court has awarded compensation in between Rs. 65,000/- and Rs. 1,00,000/- in case of such death. Mr. Dwivedi, learned counsel appearing for the appellant has referred to the order of the Apex Court in the case of Rajendra V/s. Bishamber Nath & Ors., reported in (1998) 8 S.C.C. 359 in which compensation amount of Rs. 48,000/- awarded by the High Court has been enhanced by the Apex Court to Rs: one lac for the death of the student of class VIII aged about 15 years. 5. 48,000/- awarded by the High Court has been enhanced by the Apex Court to Rs: one lac for the death of the student of class VIII aged about 15 years. 5. Having heard learned counsel for the parties and considering the facts and circumstances, this Court finds that the compensation of Rs. 50,000/- in the present case is not adequate even according to the 2nd schedule about which though the Apex Court has recommended for change, but has said in numerous decision that the same can be followed as guideline. Thus, keeping in view over all considerations, this Court in the facts and circumstances of the present case, finds that the appellant should have been allowed compensation of Rs. one lac. However, learned counsel for the Respondent-Company has rightly pointed out that the amount of interest @ 12% awarded by the Tribunal is not in the line of the decision of the Apex Court, wherein the Apex Court keeping in view the rate of interest as prevailing on the fixed deposit in the Bank has awarded 9%. As such, this Court directs that the interest on the said amount shall be calculated @ 9% instead of 12%. The matter is remitted back to the Tribunal for re-calculation. 6. The appeal is, thus, allowed.