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2004 DIGILAW 461 (RAJ)

Bal Mukand Aangal v. Narayin Ram

2004-03-25

PRAKASH TATIA

body2004
JUDGMENT 1. - Heard learned counsel for the parties. 2. This appeal is against the award dated 15.2.1996 passed by the Motor Accident Claims Tribunal-I, Jodhpur in MACT Case no. 280/95. The tribunal awarded total compensation of Rs. 51,000/- to the claimants, father and mother of the deceased Vipual, who died in the accident caused by the driver Narain Ram by driving Matador No. RNQ-6483 on 9th August, 1991. The facts of the case are not in dispute and only question involved in this appeal is about the justification for the quantum awarded to the claimants. 3. According to learned counsel for the appellants the claimants proved by producing trustworthy documentary evidence that the deceased Vipul was student of Class-V11, he used to secure 75% marks in his previous classes. The claimants produced the mark-sheets starting from Class-I to Class VI. The claimants also produced certificate of the Principal of the School wherein the Principal of the School certified that Vipul was student of Class VII and he was a brilliant student. At the time of death, Vipul was of the age of 12 years only. The family background of the deceased Vipul was also came on record and it is found that his father was running a shop whereas his mother was librarian in the Government Advocate's Office. One of the uncle of the deceased was Engineer whereas other was doctor. 4. In view of the above, according to learned counsel for the appellants, the family was in position to give good education to the deceased and he would have earned a lot more than the persons, who may not had chances of good education because of their limited sources. According to learned counsel for the appellants even in a matter of non-earning members, the Hon'ble Apex Court in the case delivered in Late Wadhwa v. State of Bihar, reported in 2001 ACTC 540 , allowed the compensation of Rs. 4,10,000/-. 5. Learned counsel for the respondents Insurance Company tried to oppose the enhancement of the claim amount on the ground that the deceased was the student of Class-V11 only and before earning, very many things would have happened, which might have resulted something adverse against the earning of the deceased. 4,10,000/-. 5. Learned counsel for the respondents Insurance Company tried to oppose the enhancement of the claim amount on the ground that the deceased was the student of Class-V11 only and before earning, very many things would have happened, which might have resulted something adverse against the earning of the deceased. It is also submitted that appellants were required to incur more for the studies of the deceased before they could have got any benefit of the earning of the deceased. 6. I considered the submissions of learned counsel for the parties and perused the record. Undisputedly, the deceased Vipul was a brilliant student and consistency of the brilliancy is visible in view of the consistent record of Vipul starting from Class-I to Class-VI. His Family background also suggests that the parents of the deceased would not have permitted the deceased to go astray. The amount awarded by the tribunal on the basis of loss caused to the young parents of the deceased, which they suffered due to the untimely death of the deceased of Rs. 30.000/- appears to be low. The claim awarded 1 by the Tribunal is absolutely disproportionate and virtually shockingly low. In view of the above, the said amount deserves to be enhanced to Rs. 2,50,000/- in place of Rs. 30,000/-. 7. The appeal of the appellant is, therefore, allowed. The claim of the claimants is enhanced from Rs. 30,000/- to Rs. 2,50,000/- on account of loss which they have suffered on account of benefit which they would have earned out of the future earning of the deceased. Since there is increase of Rs. 2,20,000/- in total, therefore, it is held that claimants are entitled to Rs. 2,71,00/- in total in place of Rs. 51,000/-, which was awarded by the tribunal. The claimants shall also be entitled to interest @ 9% per annum from the date of filing of the claim petition in place of 12%. No order as to costs.Appeal Allowed. *******