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Himachal Pradesh High Court · body

2005 DIGILAW 111 (HP)

SAMKIT LAMO v. UNION OF INDIA

2005-04-28

DEEPAK GUPTA

body2005
JUDGMENT Deepak Gupta, J.—By this judgment two appeals being FAO Nos. 141 and 142 of 1997 are being disposed of since they arise out of the same accident. 2. The undisputed facts are that Padam Singh was employed with Indo Tibet Border Police. He was working as a Head Constable and drawing a salary of Rs. 2,271/- per month. He was married. His widow is Samkit Lamo. He had two minor children, Sumitra and Surinder. On the ill fated day on 19.4.1992 deceased Padam Singh alongwith his daughter Sumitra boarded a truck bearing No. CHK-5640 belonging to the respondents. The truck rolled down into the river, Sutlej. Both Padam Singh and Sumitra Devi died in the accident. Their bodies were washed away and never found. 3. Samkit Lamo and Surinder being the heirs of deceased Padam Singh filed claim petition No. 9/S/2 before the Motor Accident Claims Tribunal (II), Shimla with regard to the death of Padam Singh. Out of this appeal FAO No. 142 of 1997 has arisen. Samkit Lamo being the mother of deceased Sumitra also filed claim petition No. 8/S/93 before the Motor Accident Claims Tribunal (II), Shimla out of which FAO No. 141 of 1997 has arisen. The respondents admitted the death of Padam Singh, but took up the plea that Sumitra was not traveling in the truck. The parties led evidence. The tribunal after hearing the arguments passed an award of Rs. 1,96,400/- with regard the death of Padam Singh and an award of Rs. 25,000/- with regard to the death of Sumitra. 4. The claimants being aggrieved by the said awards and finding the compensation awarded to be extremely low, have filed the aforesaid appeals. It would be pertinent to point out that no appeals have been filed by the Union of India or other respondents. Therefore, the only question to be determined is as to what is the amount due and payable to the claimants. 5. Mr. R.K. Gautam, learned Senior Counsel appearing for the claimants has urged that the amount of Rs. 25,000/- awarded for the death of a nine year daughter is extremely meagre. This is the amount which would be payable even under no fault liability. In the other case also the amount awarded is very low. Both the datum figure and the multiplier are on the lower side 6. Mr. 25,000/- awarded for the death of a nine year daughter is extremely meagre. This is the amount which would be payable even under no fault liability. In the other case also the amount awarded is very low. Both the datum figure and the multiplier are on the lower side 6. Mr. Sandip Sharma, learned Assistant Solicitor General of India, has argued that the amounts awarded by the tribunal are absolutely just and reasonable and calls for no enhancement. FAG No. 141 of 1997 7. The approach of the tribunal, to say the least, is pedantic. It is impossible to estimate the magnitude of the calamity that has fallen on the appellant-claimant. All the joy of her life has been taken away by this tragedy. No amount of money can bring back to the helpless mother her dead daughter. It will take a lot of time for the intensity and finality of the loss to dawn upon the appellant. The law at best can provide relief, in the only manner known to it namely in financial terms. 8. It is no doubt true that in cases of very young children, no basis exist for estimating the. future pecuniary benefits which the parents could be said to have lost by the death. The prospects of employment and of financial assistance to the parents who look up to their dutiful children for such assistance are remote in future and any estimate has to be, by its intrinsic nature, speculative. Such an estimate of chances of future monetary contribution to the parents are based on the earning of the deceased and other myriad uncertainties and imponderables of the future. 9. In cases of children one aspect is to be kept in mind that it is normally children who belong to the lower middle class and poorer Section of the society, who render financial assistance to their parents. Children of rich parents in fact inherit the wealth of the parents and are usually not required to render financial assistance to them. Where there is more than one child, the parents cannot be exclusively depending on one child. They may provide emotional help, but this is not taken into account while considering the compensation under the Motor Vehicles Act. 10. In this case the appellant has lost a minor daughter. In this day and age daughters also look after their parents. Where there is more than one child, the parents cannot be exclusively depending on one child. They may provide emotional help, but this is not taken into account while considering the compensation under the Motor Vehicles Act. 10. In this case the appellant has lost a minor daughter. In this day and age daughters also look after their parents. A mother can reasonably expect that in times to come, her daughter when she grows up, and does well in life will provide her with some assistance. As stated above, the appellant has lost both, her husband and daughter. The husband was working as a Head Constable in the Indo Tibet Border Police. Therefore, it can be reasonably assumed that the daughter would have received a reasonable level of education. It would thus be reasonable to assess future earning of the deceased at Rs. 3,000/- per month. Out of this the mother would reasonably expect to get Rs. 600/- per month or Rs. or Rs. 7,200/- per year. The multiplier in this case cannot be applied by taking in view the age of the minor, but the age of the mother will have to be taken into consideration. Another fact while applying the multiplier is that by the time the child would have started earning the mother would have been much older. By the time Sumitra have started earning, say about the age of 22-23, the mother would be about 46-47. Therefore, it would be reasonable to apply a multiplier of 15 in the present case. The compensation under this head, therefore, works out to Rs. 1,08,000/-. 11. The claimant is also held entitled to loss of Rs. 12,000/- on account of conventional damages, loss of love and affection etc. The total compensation, therefore, comes to Rs. 1,20,000/-. The award of the Tribunal in MAC No. 8-S/2 of 1993 is modified and the compensation is enhanced from Rs. 25,000/- to Rs. 1,20,000/-. The claimants are also held entitled to interest on this amount of compensation at the rate of 9% per annum w.e.f. 15.3.1993, the date of institution of the claim petition till deposit/payment of the amount. 12. The respondents are directed to deposit the amount within three months from today failing which the rate of interest will be charged at the rate of 12% per annum w.e.f. today. 1. FAO No. 142 of 1997 13. 12. The respondents are directed to deposit the amount within three months from today failing which the rate of interest will be charged at the rate of 12% per annum w.e.f. today. 1. FAO No. 142 of 1997 13. The tribunal has awarded a sum of Rs. 1,96,400/- which is extremely low and not at all in consonance with the well settled principles regarding assessment of compensation in such cases. The deceased admittedly was drawing a salary of Rs. 2,271/- per month. He was a Head Constable in the Indo Tibet Border Police. He was an employee of a premier para military force. Judicial notice of this fact can be taken that employees in such organized sectors of employment get increments and benefits of revision of pay scales etc. He may have also had benefit of promotions in his service career. Unfortunately there is not much evidence with regard to the future prospects of the deceased. 14. Taking a conservative view of the future prospects of the deceased the income for the purposes of assessing the compensation is taken at Rs. 2,700/- per month. Dependency has to be assessed keeping in view the fact that there were two minor children and a widow and also keeping in view the fact that one of the minor children has died alongwith the deceased in the accident. Therefore, it would be reasonable to assess the dependency of the widow and the minor son at Rs. 1,600/- per month or Rs. 19,200/ - per year. The multiplier in such a case has to be applied by taking into consideration the age of the deceased. The age of the deceased being 38 years, the multiplier applicable would be 16 taking guidance from the second schedule of the Motor Vehicles Act, 1988. The compensation under this head works out to Rs. 3,07,200/-. The appellant is also held entitled to Rs. 6,000/ - for conventional damages etc. The claimant in her statement has stated that Rs. 4,000/- was spent to hunt for the body of the deceased. She is awarded Rs. 4,000/- on this count. The widow is also entitled to compensation for loss of consortium which is assessed at Rs. 10,000/-. The total compensation payable is Rs. 3,27,200/- which is apportioned as follows:- 1. Samkit Lamo = 2,00,000/- 2. Surinder (minor son) = 1,27,000/- 15. 4,000/- was spent to hunt for the body of the deceased. She is awarded Rs. 4,000/- on this count. The widow is also entitled to compensation for loss of consortium which is assessed at Rs. 10,000/-. The total compensation payable is Rs. 3,27,200/- which is apportioned as follows:- 1. Samkit Lamo = 2,00,000/- 2. Surinder (minor son) = 1,27,000/- 15. The award of the tribunal is accordingly modified and the appellants-claimants are held entitled to a total compensation of Rs. 3,27,200/ - in MAC Petition No. 9-3/93. The appellants-claimants are also held entitled to interest on this amount at the rate of 9% per annum w.e.f. 15.3.1993, the date of institution of the claim petition till deposit/payment of the amount. The respondents are directed to deposit the amount within three months from today failing which the rate of interest will be charged at the rate of 12% per annum w.e.f. today. Both the appeals are disposed of in the above terms. Appeal allowed. -