Ganesh Narain Singh v. Tinplate Company Of India Ltd.
2002-02-01
GURUSHARAN SHARMA, HARI SHANKAR PRASAD
body2002
DigiLaw.ai
JUDGMENT Gurusharan Sharma, J. 1. Admittedly a 16 years old boy died on 20.4.1990, when he was dashed by a school bus (BHT 2188) from behind. His parents claimed compensation under Section 166 of the Motor Vehicles Act, 1988. 2. The accident took place for the fault of the driver of the school bus, which was insured with the National Insurance Company Limited. 3. Father of the deceased was an employee of Tata Engineering and Locomotive Company Limited. It was claimed that the deceased was a school-going boy, but nothing was produced to show that in which school and class he was studying and how was he doing in his class, so as to speculate something about his future prospects and expectations of his parents. 4. The Tribunal, therefore, by impugned award dated 11.12.1992 assessed Rs. 30,000/- for loss of future dependency, Rs. 10,000/- for mental shock and sufferings sustained by the parents on account of death of their child, a sum of Rs. 5,000/- for loss of estate and a sum of Rs. 2,000/- for performing funeral of the deceased. Thus total amount of Rs. 47,000/- was calculated. 5. It is Sell settled that in the case of motor accident claim in respect of death of a minor boy, amount of compensation can be assessed only on lumpsum basis and at any rate, the said amount should not be less than Rs. 50,000/-, the amount of interim award on no fault liability under Section 140 of the Act. 6. In the aforesaid circumstance, amount of compensation award by Tribunal at Rs. 47,000/- is enhanced to Rs. 50,000/- besides Rs. 2,000/- given for funeral expenses with interest @ 9 per cent per annum from the date of filing of claim application till payment. 7. The appeal is disposed of with aforesaid modification in impugned judgment and award. No costs.