Research › Search › Judgment

Punjab High Court · body

2006 DIGILAW 3103 (PNJ)

Chaman Lal v. Jai Bhagwan

2006-08-02

ARVIND KUMAR

body2006
Judgment Arvind Kumar, J. 1. This is an appeal by the claimants, Chaman Lal and Raj Rani against award dated 10.9.1990 passed by the Motor Accident Claims Tribuinal, Karnal. 2. In brief, the facts of the case are that on 23.7.1989 at about 9 AM, Balbir Singh, deceased, i.e. son of the claimants, was standing at Bus Adda, Gheer, Tehsil and District Karnal while few other persons including Ran Singh, claimant, and Bhajan Singh were standing nearby on the kacha portion of the road. At that time, bus bearing registration No. HYK-4973 belonging to Haryana Roadways, driven by Jai Bhagwan came in a rash and negligent manner and hit Bhajan Singh, Ran Singh and then Balbir Singh. The bus after hitting these persons, instead of stopping at the spot, stopped at a distance of about 150 pace ahead. Thereafter, its driver fled away. Due to this accident, Bhajan Singh, Ran Singh and Balbir Singh sustained injuries out of whom Balbir Singh succumbed to the injuries. Claimants then filed petition before the Motor Accident Claims Tribunal claiming compensation on account of death of Balbir Singh. Second claim petition was filed by Ran Singh for the injuries received by him in the said accident. 3. Upon notice of claim petition, joint written statement was filed by respondents 2 and 3 in their joint written statement pleaded that the offending bus was being driven at a normal speed and cautiously but the accident occurred on account of sudden failure of brakes and due to the fact that deceased Balbir Singh wanted to cross the road rashly without caring for the traffic on the road. Respondent No. 1 initially had put in appearance but later on absented and for this reason, was proceeded against ex-parte. Respondent No. 4, namely, National Insurance Company Limited, in its written statement took up the plea by way of preliminary objection that the driver of the offending vehicle did not possess a valid driving licence. It was stated that the said vehicle was not insured with it at the time of accident. 4. On pleadings of the parties, issues were framed whereafter the parties led evidence in support of their respective contentions. 5. On appreciation of evidence adduced by the parties, the learned Tribunal vide award dated 10.9.1990 awarded a sum of Rs. It was stated that the said vehicle was not insured with it at the time of accident. 4. On pleadings of the parties, issues were framed whereafter the parties led evidence in support of their respective contentions. 5. On appreciation of evidence adduced by the parties, the learned Tribunal vide award dated 10.9.1990 awarded a sum of Rs. 60,000/- as compensation to the claimants, namely, dependents of deceased Balbir Singh and awarded a sum of Rs. 15,000/- to Ran Singh on account of injuries sustained by him in the accident, along with 12 per cent per annum interest. 6. Feeling dissatisfied with the award, the claimants, namely, dependents of deceased Balbir Singh have preferred the present appeal. 7. This is no cross-appeal from the side of the respondents. I have heard learned Counsel for the parties. The claimants-appellants have sought enhancement in compensation. 8. Deceased was a student of B.Com. Iind year of DAV College, Karnal. PW-4 Chaman Lal, father of the deceased, himself does not say that the deceased was earning anything. However, his version is that he owns an agricultural land and his son used to assist him in agricultural work and also used to drive tractor and that after his death, he has to engage Man Singh for the said purpose and pay him Rs. 1600/- per month. There is no proof regarding ownership of the land and the tractor and further, the employment of Man Singh at a monthly salary of Rs. 1600/-. Neither Man Singh has been examined nor any receipt has been placed on record. There is also no such pleading regarding employment of Man Singh at a monthly salary of Rs. 1600/-. However, even if the deceased was not earning, as a general rule the parents are entitled to recover the present cash value of the prospective services of the deceased minor child. In addition, they may receive compensation for the loss of pecuniary benefits reasonably to be expected after the child is gainfully employed. No doubt, there can be no exact or uniform rule for measuring the value of the human life and measure of damages cannot be arrived at by precise mathematical calculations. The question then is to what extent the pecuniary loss suffered by the claimants-appellants upon the young life of their son coming to an abrupt end. No doubt, there can be no exact or uniform rule for measuring the value of the human life and measure of damages cannot be arrived at by precise mathematical calculations. The question then is to what extent the pecuniary loss suffered by the claimants-appellants upon the young life of their son coming to an abrupt end. The father of the deceased is merely an agriculturist but still then he was educating his son with the very hope for bright future. The academic record of the deceased shows that he secured first division in matriculation though second division in B. Com. Ist year. There can be no manner of doubt that had he lived, he after graduation would have an opportunity of good career in profession or service. In this situation, if the family were ever to be in need, it is very unlikely that he would not have extended full financial support to them. It is itself stated by PW-4 Chaman Lal that he was receiving proposals for the marriage of his son. Therefore, while computing the said benefits, regard must be had to the factors that had the deceased not died then he would some day have married and have possibly children and in that eventuality he would have required substantial amount for meeting the needs of his family and his contribution towards the maintenance of his parents would have reduced much. Having regard to the afore-said circumstances, I am of the view that in the instant case, it would be reasonable to hold an average amount of Rs. 6000/- per annum the claimants can expect as contribution from him. Thus, on the basis of the figure of dependent benefits, the dependency remains out at Rs. 6000/- per annum. Keeping in view the young age of the deceased, long period for which the parents have looked the pecuniary benefits, multiplier of 16 is considered appropriate. It is so ordered. While doing so, the compensation is worked out which comes at Rs. 96,000/-, i.e. Rs. 36,000/- over and above the amount awarded by the Tribunal. 9. 6000/- per annum. Keeping in view the young age of the deceased, long period for which the parents have looked the pecuniary benefits, multiplier of 16 is considered appropriate. It is so ordered. While doing so, the compensation is worked out which comes at Rs. 96,000/-, i.e. Rs. 36,000/- over and above the amount awarded by the Tribunal. 9. Coming to the rate of interest, previously it used to be 12 per cent, however, in the recent years the bank rates have been considerably reduced and the rate of interest is being awarded at the rate of 7-1/2 per cent in view of the judgment of the Supreme Court in Tamil Nadu State Transport Corporation Limited V/s. S. Rajapriya and Ors. (2005-2) P.L.R. 650. Therefore, in that back-drop of the situation, the enhanced compensation in this case shall carry interest at the flat rate of 9 per cent per annum from the date of filing of the claim petition till its payment. 10. In view of the above, the impugned award stands modified in the manner indicated above. The appeal stands disposed of accordingly. No costs.