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2005 DIGILAW 876 (PNJ)

Nirmal Maria v. Ram Singh

2005-08-18

ASHUTOSH MOHUNTA

body2005
ORDER Ashutosh Mohunta, J. - Rimmy, a girl, aged 14 years student of 9th class, died in an accident which took place on 23.1.1997 as she was run over by a Punjab Roadways bus bearing registration No. PB-12-B-8710. The Motor Accident Claims Tribunal, Jalandhar vide its judgment dated 16.7.1999 awarded a total compensation of Rs. 50,000/- alongwith 12% interest in favour of the claimant. 2. Aggrieved against the award of the Motor Accident Claims Tribunal, the present appeal has been filed. During the pendency of the appeal, the matter was referred to the Lok Adalat, which, vide order dated 9.12.2003 allowed a compensation of Rs. 1 lac over and above the amount awarded by the Tribunal. At the Punjab Government did not give any concurrence and acceptance to the award passed by the Lok Adalat, therefore, the claimant-appellant has filed the present application for disposing of the appeal on merits. Learned counsel for the appellant has contended that the deceased Rimmy was 14 years old at the time of the accident and in terms of the judgment in Manju Devi and another v. Musafit Paswan and another, 2005 ACJ 99, for a teenaged child of 13/14 years and a non-earning person, the Honble Supreme Court has assessed notional income of Rs. 15,000/- per annum and has adopted a multiplier of 15. On this basis, learned counsel contends that the claimant is entitled to be awarded Rs. 15,000/- with a multiplier of 15 and thus, a total compensation of Rs. 2,25,000/- be awarded in favour of the appellant. Learned counsel for the State, however, submits that as the interest rates have considerably been reduced by the nationalized banks, therefore, reduced rate of interest be awarded. 3. After going through Manju Devis case (supra), it is clear that as the deceased in the present case was only 14 years old, therefore, the earning of a non-earning person is assessed at Rs. 15,000/- per annum and a multiplier of 15 is adopted. Thus, the appellant is entitled to a total compensation of Rs. 2,25,000/- on account of death of Rimmy. The appellant shall also be entitled to interest at the rate of 9% from the date of filing of the claim petition till realization. The appeal is allowed. The respondent State is directed to pay the enhanced compensation to the appellant within a period of 3 months from today. Appeal allowed.