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2006 DIGILAW 664 (UTT)

Sri Hardev Singh and another v. Sri Dharam Singh

2006-11-21

J.C.S.RAWAT, RAJEEV GUPTA

body2006
Judgment [Per: Hon'ble Rajeev Gupta, C.J. (Oral)] The unfortunate parents of deceased Km. Asha Rani are seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal/District Judge, Nainital vide Award dated 19-07-2005 passed in MAC. No. 54 of 2005. . 2. The claimants claimed compensation of Rs. 5,00,000/- (Rupees Five Lakhs only) for the death of their daughter Km. Asha Rani aged about 16 years in the motor accident on 18-02-2005 when she was coming back to her house from her school and was dashed by the offending vehicle Tractor bearing registration No.U.A. 06-6596 resulting in her instantaneous death on the spot itself. 3. The owner and insurer of the offending vehicle Tractor contested the claim and denied their liability to pay compensation to the claimants. The owner took the plea that the claimants' daughter herself was negligent and as such, the driver of the Tractor was not responsible for the accident. The insurer, on the other hand, pleaded that the Tractor was being plied in breach of the policy conditions and the driver of the Tractor was not holding a valid driving license. 4. The claimants examined P.W.1 Hardev Singh in support of their claim, whereas the owner and insurer of the offending vehicle Tractor did not examine any witness in rebuttal. 5. The Tribunal, on a close scrutiny of the evidence led by the parties, held that claimants' daughter Km. Asha Rani died on account of the injuries sustained by her in the motor accident on 18-02-2005; the accident occurred due to the rash and negligent driving of the driver of the Tractor; and the insurer of the Tractor was liable to pay compensation to the claimants. 6. As deceased Km. Asha Rani was a student of 9th Standard and had no income of her own, the Tribunal assessed her notional income at Rs. 15,000/- per annum. By deducting 1/3rd of Rs. 15,000/- as her personal expenses and multiplying the remainder of Rs. 10,000/with the multiplier of '15', the compensation was worked out to Rs. 1,50,000/-. By awarding further sum of Rs. 10,000/- under other heads, a total sum of Rs. 1,60,000/- was awarded as compensation to the claimants for the death of their daughter Km. Asha Rani in the motor accident. 15,000/- as her personal expenses and multiplying the remainder of Rs. 10,000/with the multiplier of '15', the compensation was worked out to Rs. 1,50,000/-. By awarding further sum of Rs. 10,000/- under other heads, a total sum of Rs. 1,60,000/- was awarded as compensation to the claimants for the death of their daughter Km. Asha Rani in the motor accident. The Tribunal, further, directed the insurer of the Tractor to pay interest at the rate of 6% per annum in the event of its failure to pay the amount of compensation to the claimants within a period of 60 days from the date of the Award. 7. Mr. Bhupendra Singh Bisht, the learned counsel for the appellants, placing reliance on the dictum of the Apex Court in the case of Manju Devi and another Vs. Musafir Paswan and another reported in 2005 (1) TAC 609 (SC), submitted that the compensation of Rs.1,60,000/- awarded by the Tribunal is too low and the Tribunal ought to have awarded at least Rs. 2,25,000/- as was awarded by the Apex Court in the case of Manju Devi (supra). 8. Mr. D.S. Patni and Mr. Manish Dalakoti, the learned counsel for respondent No.2 National Insurance Company Ltd., on the other hand, supported the Award and submitted that the Tribunal has been quite liberal in awarding substantial compensation of Rs. 1,60,000/- for the death of a minor girl aged about 16 years, who, admittedly, was not having any income at all. 9. Mr. Anil Singh Rana and Mr. J.S. Bisht, the learned counsel for respondent No.1, the owner of the offending vehicle Tractor, also supported the Award. 10. The findings recorded by the Tribunal that claimants' daughter Km. Asha Rani died on account of the injuries sustained by her in the motor accident on 18-02-2005; the accident occurred due to the rash and negligent driving of the driver of the Tractor; and the insurer of the Tractor was liable to pay compensation to the claimants have, now, attained finality as the respondents have not filed any appeal against the Award. 11. Now, we shall examine as to whether the compensation of Rs. 1 ,60,000/-, awarded by the Tribunal to the claimants for the death of their daughter Km. Asha Rani aged about 16 years, is just and proper compensation in the facts and circumstances of the present case. 12. 11. Now, we shall examine as to whether the compensation of Rs. 1 ,60,000/-, awarded by the Tribunal to the claimants for the death of their daughter Km. Asha Rani aged about 16 years, is just and proper compensation in the facts and circumstances of the present case. 12. The Apex Court, in the case of Manju Devi & another (supra) while assessing just and proper compensation in the case of death of a child aged about 13 years, observed in paras 1, 2 & 3 : "In this case a 13 years old boy was killed in an accident on 2nd July, 1998. The Motor Accidents Claims Tribunal (MACT) held that the accident was a result of rash and negligent driving by the driver of the truck. The Tribunal, whilst awarding compensation, fixed a sum of Rs. 90,000/- on the basis that it considered that amount to be just, proper and reasonable. The High Court dismissed the appeal in limine. 2. In the case of UP. State Rdad Trans. Corpn. V. Trilok Chandra, 1996A.C.J. 831 : 1996 (2) TAC. 286 (S.C.), it has been held by this Court that there should be no departure from the multiplier method on the ground that payment being made is just compensation. It has been held that the multiplier method must be accepted method for determining and ensuring payment of just compensation as it is the method which brings uniformity and certainty to awards made all over the country. In view of this authority, it will have to be held that the award of compensation had to be made by the multiplier method. 3. As set out in the Second Schedule to the Motor Vehicles Act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied. As per the Second Schedule, he being a non-earning person, a sum of Rs. 15,000/- must be taken as the income. Thus, the compensation comes to Rs. 2,25,000/-." 13. Reverting to the present case, claimants' daughter Km. Asha Rani was aged about 16 years on the date of the accident. She was student of 9th Standard. After completing her education, she would have secured a reasonably good job for herself and would have rendered financial support to her parents till her marriage. The compensation of Rs. 2,25,000/-." 13. Reverting to the present case, claimants' daughter Km. Asha Rani was aged about 16 years on the date of the accident. She was student of 9th Standard. After completing her education, she would have secured a reasonably good job for herself and would have rendered financial support to her parents till her marriage. The compensation of Rs. 1,60,000/awarded by the Tribunal, when examined in the context of the foregoing broad features and above-quoted dictum of the Apex Court in the case of Manju Devi & another (supra), is certainly on the lower side and deserves to be enhanced suitably. 14. On a cumulative consideration of all the relevant aspects of the matter, we are of the opinion that compensation of Rs. 2,25,000/- (Rupees Two Lakhs and Twenty Five Thousand only), awarded by the Apex Court in the case of Manju Devi & another (supra) for the death of a child aged about 13 years, would be just and proper compensation in the present case also. 15. We, therefore, award compensation of Rs.2,25,000/- (Rupees Two Lakhs and Twenty Five Thousand only), inclusive of interest; to the claimants for the death of their daughter Km. Asha Rani in the motor accident. 16. For the foregoing reasons, the appeal filed by the claimants under Section 173 of the Motor Vehicles Act for enhancement of the compensation is allowed in part. The compensation of Rs. 1,60,000/- awarded by the Tribunal is enhanced to Rs. 2,25,000/- (Rupees Two Lakhs and Twenty Five Thousand only), inclusive of interest. Second respondent National Insurance Company Ltd. is directed to deposit the enhanced amount of compensation before the concerning Claims Tribunal within a period of two months from today The enhanced amount of compensation shall be disbursed to the claimants in the same manner and proportion as directed by the Claims Tribunal in the impugned Award. 17. No order as to costs.