ORDER 1. This appeal has been preferred being aggrieved by the award dated 22.12.2004 passed by IV Additional Motor Accident Claims Tribunal, Bhopal in Claim Case No. 678/2004, whereby the claim petition filed by the appellants under section 166 of the Motor Vehicles Act has been partly allowed directing the respondents to pay the compensation of Rs. 77,000/with interest at the rate of 6% from the date of tiling of the claim petition till realization for the death of Ku. Jyoti, aged 6 years caused in the motor accident. 2. The facts of the case in short are that on 9.12.2003 Ku. Jyoti came out of her school at the same time the respondent No.1 by driving rashly and negligently Auto No. MP-04-T-6173 dashed against her. She received the serious injuries and died consequently. The respondent No.2 was the registered owner and it was insured with respondent No.3. The report was lodged at Police Station Shahjahanabad, Bhopal. It is also averred that Ku. Jyoti was studying in Class II and her future prospects were bright. The claimants have been deprived from love and affection hence they filed the claim petition claiming the compensation of Rs. 35,00,000/- to be awarded for the death of Ku. Jyoti caused in the accident. 3. The respondents No. 1 and 2 remained ex parte and did not participate in the proceeding. 4. The respondent No.3 filed the written statement disputing the claim and its liability mainly contending that respondent No.1 was not having valid and effective driving licence and the accident occurred on account of negligence of deceased herself and also of the Chowkidar of that school hence the claimants are not entitled for any compensation. 5. The Tribunal after appreciating the evidence came to the conclusion that this accident was the outcome of rash and negligent driving of respondent No.1 resulting into death of Ku. Jyoti, therefore, directed the respondents to pay the compensation of Rs. 77,000/- to be awarded to the claimants. 6. Being dissatisfied with the quantum of compensation the instant appeal has been preferred by the claimants for the enhancement of compensation on the grounds mentioned in the memo of appeal filed under section 173 of the Motor Vehicles Act, 1988. 7. The learned counsel for the appellants has submitted that the Tribunal has not properly determined the compensation and the awarded amount is towards lower side hence it be enhanced.
7. The learned counsel for the appellants has submitted that the Tribunal has not properly determined the compensation and the awarded amount is towards lower side hence it be enhanced. On the other hand, the learned counsel for the respondent No.3 supported the award and submitted that the awarded amount is adequate and hence it does not call for any interference in this appeal. 8. The main point for consideration in this appeal is that whether the Tribunal has awarded adequate compensation to the appellants or not? 9. The factum of accident is not in dispute in this case mainly the quantum of compensation has been assailed. 10. From the evidence adduced in the case it is manifestly clear that Ku. Jyoti, aged 6 years was studying in 2nd standard. She died on account of the injuries sustained in the motor accident dated 9.12.2003. The Tribunal has awarded the compensation of Rs. 77,000/- which appears to be on lower side. 11. In case of death of child the reasonable and proper amount of compensation be awarded as held by the apex Court recently in New India Assurance Co. Ltd. v. Satender and others [AIR 2007 SC 324]. The apex Court has laid down thus: "9. There are some aspects of human life which are capable of monetary measurement, but the totality of human life is like the beauty of sunrise or the splendour of the stars, beyond the reach of monetary tape-measure. The determination of damages for loss of human life is an extremely difficult task and it becomes all the more baffling when the deceased is a child and/or a non-earning person. The future of a child is uncertain. Where the deceased was a child, he was earning nothing but had a prospect to earn. The question of assessment of compensation, therefore, becomes stiffer. The figure of compensation in such cases involved a good deal of guess work. In cases, where parents are claimants, relevant factor would be age of parents. 12. In cases of young children of tender age, in view of uncertainties abound, neither their income at the time of death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determination on estimated basis.
In cases, where parents are claimants, relevant factor would be age of parents. 12. In cases of young children of tender age, in view of uncertainties abound, neither their income at the time of death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determination on estimated basis. The reason is that at such an early age, the uncertainties in regard to their academic pursuits, achievements in career and thereafter advancement in life are so many that nothing can be assumed with reasonable certainty. Therefore, neither the income of the deceased child is capable of assessment on estimated basis nor the financial loss suffered by the parents is capable of mathematical computation. 13. Applying the principles indicated in Jasbir Kaur's case (supra), to the facts of the present case we think award of a sum of Rs. 1,80,000/- would meet the ends of justice. The same shall carry interest at the rate of 7 .5% from the date of filing of petition till payment is made. Payment shall be made within a period of three months from today. Amounts, if any, already paid shall be adjusted from the aforesaid amount of Rs. 1,80,000/-: 12. Though there was no income of Ku. Jyoti, but it is fact that in future she would have earned and supported to her parents. 13. In the light of the aforesaid decision and in the facts and circumstances of the case, the age of the deceased was 6 years, therefore we assess the notional income of Rs. 15,000/- per annum as provided in II Schedule of the Motor Vehicles Act, 1988 for the purpose of determination of the compensation. Thus, by deducting 1I3rd conventional expenses which the deceased would have spent on herself, had she been alive, annual loss of dependency comes to Rs. 10,000/-. Since the deceased was below 15 years, therefore, the multiplier of 15 is applicable, same is applied, thus compensation on account of loss of dependency comes to Rs. 10,000x 15=Rs. 1,50,000/-. In addition, claimants are entitled for a sum of Rs. 10,000/- in the customary heads such as funeral expenses, loss of estate and loss of expectancy of life. Thus, total compensation comes to Rs. 1,50,000/- + Rs. 10,000/- = Rs. 1,60,000/- (Rupees one lac sixty thousands only).
10,000x 15=Rs. 1,50,000/-. In addition, claimants are entitled for a sum of Rs. 10,000/- in the customary heads such as funeral expenses, loss of estate and loss of expectancy of life. Thus, total compensation comes to Rs. 1,50,000/- + Rs. 10,000/- = Rs. 1,60,000/- (Rupees one lac sixty thousands only). The compensation enhanced by this Court shall carry interest @ 6% per annum from the date of tiling of the claim petition till realization. 14. Consequently, the appeal is partly allowed and the award is modified to the extent as indicated above. There shall be no order as to costs.