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2005 DIGILAW 250 (HP)

HUKMABATI v. PUNJAB ROADWAYS ROPAR

2005-07-22

DEEPAK GUPTA

body2005
JUDGMENT Deepak Gupta, J.—This appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation is directed against the Award of the Motor Accident Claims Tribunal, Bilaspur, H.P. (hereinafter referred to as the Tribunal), passed in M.A.C. Case No. 36 of 1996 decided on 19.5.1998. 2. The facts relevant for decision of the case are that deceased Shiv Kumar who was aged about 15 years at the time of the accident and studying in class 10th was travelling in Jeep No. HRK-4722 on 16.4.1996. This jeep was hit by bus No.PB-12-A-8216 belonging to respondent No. 1 Punjab Roadways and driven by respondent No. 3 Paras Ram. The deceased after the accident was shifted to District Hospital, Bilaspur where he succumbed to the injuries sustained by him. 3. The mother and one minor sister of the deceased filed a claim petition for grant of compensation with regard to the death of the deceased. The Punjab Roadways contested the petition. The Tribunal came to the conclusion that the accident had occurred due to the negligence of the driver of the bus and awarded a sum of Rs. 1,72,800/- in favour of the claimants. 4. This appeal has been filed by the claimants claiming enhancement in compensation. The only question involved in the appeal is with regard to the quantum of compensation. 5. It has come on record that the deceased had already appeared for his class 10th examination when the accident took place. The claimants have placed on record various documents which have been exhibited as Exts.PW-4/1 to PW-4/24. The deceased was studying in Mount Carmel School, Hoshiarpur. PW-4/1 is the certificate issued by the Mount Carmel School to the effect that the deceased has studied in the said School from lower K.G. to Class 10. Ext. PW-4/2 is the copy of the detailed marks sheet of the deceased in his Indian School Certificate Examination (equivalent to class 10). This result had not been even declared when the deceased died. According to this certificate his date of birth was 1.1.1981. A perusal of mark sheet shows that the deceased scored 83 marks in English, 83 in Punjabi, 88 in History Civics & Geography, 88 in Mathematics, 88 in Science and 90 in Economics. The deceased obtained an aggregate of 86.7% marks in his class 10 examination. Exts. PW-4/3 to Ext. According to this certificate his date of birth was 1.1.1981. A perusal of mark sheet shows that the deceased scored 83 marks in English, 83 in Punjabi, 88 in History Civics & Geography, 88 in Mathematics, 88 in Science and 90 in Economics. The deceased obtained an aggregate of 86.7% marks in his class 10 examination. Exts. PW-4/3 to Ext. PW-4/13 are the various mark sheets and progress reports of the deceased right from his lower K.G. to Class 10. The deceased obviously was a brilliant student and always was amongst the first three in the class. The certificates Exts. PW-4/14 to Exts. PW-4/24 reveal that the deceased in addition to being good in studies was also very good in extra-curricular activities and was taking part in wide ranging activities from Tae Kwondo to painting etc. 6. The Tribunal while assessing the damages has assessed the future income of the deceased by taking into consideration the daily-wages of a labourer. The deceased was studying in a convent school. He had appeared for the class 10th examination from the Indian School Certificate Board. He was brilliant in studies. He belonged to a middle class family and therefore by no stretch of imagination could it have been even imagined that the deceased would have grown up to become a labourer. 7. The approach of the tribunal, to say the least, is pedantic. It is impossible to estimate the magnitude of calamity that has fallen on the parents. All the joy of their life has been taken away by this tragedy. No amount of money can bring back to the helpless parents their dead son. It will take a lot of time for the intensity and finality of the loss to dawn upon the parents. 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 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. 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 estimated future earnings of the deceased and other myriad uncertainties and imponderables of the future. 9. In cases of children one aspect which must be kept in mind is that it is normally children who belong to the lower middle class and poorer Section of 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 dependant on one child. 10. While calculating the compensation in the case of death of a child the Court has to balance the equities. All children are not necessarily dutiful. However, keeping in view the Indian family system, it is expected of a child to look after his parents. Some times this hope may not be fulfilled. Children go and settle in abroad. Some children settle within India, but at a distant places. Sometimes it is the children who are dependant on the parents as long as the parents are alive. However, we have to go by conventional wisdom and the award has to be made on conventional basis. 11. Keeping in view the fact that the deceased was studying in a good school and was a brilliant student and the fact that the accident had occurred in the year 1996, the future earnings of the deceased can conservatively be estimated at more than Rs. 5,000/- per month. The deceased keeping in view his academic achievements could have reasonably aspired to become a Doctor, Engineer, Chartered Accountant or could have joined any other profession where he would have had substantial income. In the beginning only he would not have earned less than Rs. 5,000/- per month and over a period of time his income would have grown. While assessing the dependency of the parents the various factors mentioned above have been kept in consideration and it would not be unreasonable to assess the monetary loss to the mother at Rs. 1,500/- per month or Rs. 18,000/- per year. 5,000/- per month and over a period of time his income would have grown. While assessing the dependency of the parents the various factors mentioned above have been kept in consideration and it would not be unreasonable to assess the monetary loss to the mother at Rs. 1,500/- per month or Rs. 18,000/- per year. The mother was aged about 41 years at the time of the accident and the relevant multiplier would be 15. The compensation for loss of dependency would be Rs. 2,70,000/-. The parents have lost their only male child and, therefore, they are entitled to a sum of Rs. 10,000/- for loss of love and affection. They are also entitled to another sum of Rs. 10,000/- for funeral expenses and conventional damages. The total compensation payable, therefore, works out to Rs. 2,90,000/-. This amount is apportioned as follows : (1) Smt. Hukmabati (Mother) Rs. 2,50,000/- (2) Ms. Atula Chandel (Sister) Rs. 40,000/- The award of the Tribunal is, therefore, modified and the compensation is enhanced from Rs. 1,72,800/- to Rs. 2,90,000/-. The claimants are also entitled to interest on this amount @ 9% p.a. from the date of filing of the claim petition i.e. 26.6.1996 till deposit of the amount. The claimants are also entitled to costs of the appeal, which are assessed at Rs. 3,000/-. The respondent Punjab Roadways is directed to deposit the enhanced amount of compensation alongwith interest and costs in the Registry of this Court on or before 15th September, 2005 failing which it shall be liable to pay interest @ 12% p.a. w.e.f. today. The appeal is disposed of in the aforesaid terms. Appeal disposed of.