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2004 DIGILAW 563 (AP)

Nenavath Basu v. Ch. Seetha

2004-06-14

C.Y.SOMAYAJULU

body2004
C. Y. SOMAYAJULU, J. ( 1 ) APPELLANTS who are the parents of Nenavath Ramesh (the deceased) who died due to a collision between the two lorries belonging to Respondents 1 and 3, and insured with Respondents 2 and 4 respectively filed a claim petition seeking compensation of Rs. 1,00,000. 00 from the respondents. Respondents 1 and 3 chose to remain ex pane both before the Tribunal and in this Court. Respondents 2 and 4 filed counters contesting the claim of appellants. ( 2 ) IN support of their claim the appellants examined 2 witnesses as PW-1 and 2 and marked Exs. A-1 to A-4. Respondents 2 and 4 did not adduce any evidence either oral or documentary. The tribunal having held that the accident occurred due to the rash and negligent driving of the drivers of the lorries involved in the accident, passed an award for Rs. 50,000. 00 in favour of the appellants against the respondents with interest at 12% p. a. Dissatisfied with the compensation awarded to them this appeal is preferred by the claimants. ( 3 ) SINCE the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the drivers of the lorries involved in the accident became final, the point for consideration is to what compensation are the appellants entitled to? ( 4 ) IN the claim petition it is alleged that the deceased was aged 16 years and was working as a coolie and earning about rs. 1,200/- per month. The post-mortem examination report of the deceased, which is marked as Ex. A-2, shows the age of the deceased as 8 years. In Ex. A-1, the fir issued in connection with the accident, it is stated that two persons aged about 50 years and 10 years died in the accident. For reasons best known to them, appellants did not produce a copy of the inquest panchanama held on the body of the deceased, which would have revealed the approximate age and avocation of the deceased and if any of the appellants were examined during the course of inquest. Since the appellants claim that the deceased was aged about 16 years, it is for them to establish that fact. But Ex. A-1 and Ex. A-2 the documents produced and relied on them show that the age of the deceased was about 8 to 10 years. Since the appellants claim that the deceased was aged about 16 years, it is for them to establish that fact. But Ex. A-1 and Ex. A-2 the documents produced and relied on them show that the age of the deceased was about 8 to 10 years. It is not even the case of the appellants that the age of the deceased mentioned in the post-mortem examination report is not correct. Since normally doctors give approximate age of the body of the person on which the postmortem examination is being conducted, it has to be taken that the deceased was aged about 8 years only, but not 16 years as claimed by the appellants. ( 5 ) THE Tribunal on the basis that PW1 -the mother of the deceased, described her age as 30 years when she gave evidence in 1998, assumed that by the date of the accident i. e. , by 1995, she could have been aged only 27 years and so the deceased could not have been aged 16 years as claimed by the appellants. Since the age of pw-1 was not elicited during her chief examination or cross-examination, and since the age of a witness mentioned in the top portion of the deposition cannot be taken into consideration to decide the age of that witness, because that statement would not be made on oath by the witness, i dp not wish to take the age of PW-1 as mentioned in the deposition on the top portion into consideration for deciding this appeal. As stated earlier in view of Ex. A-2 the age of the deceased can be taken only as 8 years. In APSRTC v. G. Ramanaiah, 1997 (2) ALT 526, after reviewing the case law on the subject it is clearly held that in case of children above 5 years and below 10 years it would not be possible to ascertain a suitable multiplier and so a conventional amount which may range up to Rs. 15,000. 00 can be awarded in accidents that took place in late seventies. In view thereof and since the deceased in this case is within the age group of 5 to 10 years, minimum compensation payable under the motor Vehicles Act, 1988 i. e. , Rs. 50,000. 15,000. 00 can be awarded in accidents that took place in late seventies. In view thereof and since the deceased in this case is within the age group of 5 to 10 years, minimum compensation payable under the motor Vehicles Act, 1988 i. e. , Rs. 50,000. 00 in case of accident that took place after 1994 amendment would be the reasonable compensation to the appellants who are the parents of the deceased. So the Tribunal awarding Rs. 50,000. 00 as compensation to the appellants for the death of the deceased cannot be said to be meager or unjust and so I do not wish to interfere with the quantum of compensation awarded by the tribunal. The point is answered accordingly. ( 6 ) IN the result, the appeal is dismissed. No costs.