Research › Search › Judgment

Madhya Pradesh High Court · body

2010 DIGILAW 299 (MP)

Subodh v. Narendra Singh

2010-03-11

N.K.MODY

body2010
ORDER N.K. Mody, J. 1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 23/7/2008 passed by VII MACT, Indore in claim case No. 190/07. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,80,000/- with interest to the claimants for the death of one Sanjog who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts / evidence adduced is made out in the compensation awarded and if so to what extent? 2. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues. 3. As observed supra, it is a death case. On 1/7/2007, a boy named Sanjog aged 16 years met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs.1,80,000/- 4. Learned counsel for the appellants submit that deceased was studying in class XI in South Indian Cultural Association (in short 'Sica') school which in one of he prestigious school in the town. It is submitted that Ex. P/7 to P/ 19 have been filed which shows the performance of the deceased. Learned counsel for the appellants submit that deceased was studying in class XI in South Indian Cultural Association (in short 'Sica') school which in one of he prestigious school in the town. It is submitted that Ex. P/7 to P/ 19 have been filed which shows the performance of the deceased. It is submitted that father of the deceased is in the services of M.P. Financial Corporation as deputy Manager which goes to show the family background of the deceased. It is submitted that at the time of accident deceased was pedestrian and due to rash and negligent driving by the driver of tanker, Sanjog sustained crushed injuries and ultimately he died. It is submitted that amount awarded by the learned tribunal is on lower side which deserves to be enhanced. For this contention, reliance is placed on a decision in the matter of Lata Wadhawa Vs. State of Bihar, 2001 ACJ 1735 wherein in case of death of children aged 10 to 15 year due to fire in pandal learned tribunal assessed the compensation at Rs. 24,000/- per annum and after awarding the multiplier of 15, awarded Rs. 3,60,000/- plus conventional amount of Rs. 50,000/- for each child totaling to Rs. 4,10,000/- Further reliance is placed on a decision in the matter of Prema Vs. M.P. State Road Trans. Corporation, 2001 ACJ 674 , wherein division Bench of this court in a case of death of student aged 20 years, awarded compensation of Rs. 5,42,000/- 5. Learned counsel for respondent No. 3 submits that deceased was not an earning member. It is submitted that in these type of cases where nothing can be stated about the future of the deceased, the amount awarded is just and proper Reliance is placed on a decision of Apex Court in the matter of Kaushlaya Devi Vs. Karan Arora and others, 2007 ACJ 1870 , wherein the deceased aged 14 years, brilliant student of class VIII and also the deceased was only son, the tribunal awarded a sum of Rs. 1,00,000/- in a appeal filed by the mother for enhancement on the ground of family background of the deceased and his academic carrier. Karan Arora and others, 2007 ACJ 1870 , wherein the deceased aged 14 years, brilliant student of class VIII and also the deceased was only son, the tribunal awarded a sum of Rs. 1,00,000/- in a appeal filed by the mother for enhancement on the ground of family background of the deceased and his academic carrier. The Hon'ble Apex court dismissed the appeal holding that in cases of young children of tender age, in view of uncertainties, neither their income at the time of death nor the prospects of future increase in their income or 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 not the financial loss suffered by the parents in capable of mathematical computation. Reliance is further placed on a decision in the matter of Oriental Insurnce Co. Ltd. Vs. Syed Ibrahim and others, 2007 ACJ 2816 , wherein the deceased a boy aged 7 years, student of second standard, the tribunal awarded a sum of Rs. 50,000/-, which was enhanced by High Court to Rs 1,52,000/-, was maintained. Reliance is also placed on a decision in the matter of New India Assurance Co. Ltd. Vs. Satender and other, 2007 ACJ 160 , wherein the deceased aged 9 years, and after applied the multiplier of 17, a sum of Rs. 4,45,000/- was awarded and the High Court dismissed the appeal, the Hon'ble Apex Court reduced the award from Rs. 4,45,000/- to 1,80,000/-. On the strength of aforesaid decision the learned counsel for the respondent No. 3 submits that the appeal be dismissed. 6. From perusal of the record it is evident that to prove the case, certain documents have been filed, which are exhibited. 4,45,000/- to 1,80,000/-. On the strength of aforesaid decision the learned counsel for the respondent No. 3 submits that the appeal be dismissed. 6. From perusal of the record it is evident that to prove the case, certain documents have been filed, which are exhibited. Ex.P/7 is the mark-sheet issued by Central Board of Secondary Education, Ex.P/9 is the certificate issued for participation of the deceased in a Awareness cum Resource Mobelisation Programme, ExP/10 to Ex.P/13 are the certificates issued by All India Gandharav College, Mumbai, Ex.P/14 is the certificate issued by South Indian Cultural Association, Ex.P/15 is the certificate issued to the deceased for a magic of memory, Ex.P/16 is the certificate for competition on the occasion of Annual Social Gathering and secured first position, Ex.P/ 17 is the certificate for Badminton and Spoken English Ex.P/18 is the registration card issued by Board of Secondary Education Delhi. 7. Thus, from perusal of the aforesaid certificate, it is amply evident that the deceased was a brilliant student and was also having a strong family background. Keeping in view all the facts and circumstances of the case and the fact that deceased was aged 16 years and the accident took place in the years 2007, this court is of the view that the amount awarded by the learned tribunal is on lower side. Keeping in view the law laid down by the Hon. Apex Court in the matter of Lata Wadhwa (supra), this court is of the view that the amount awarded by the learned tribunal is on lower side which deserves to be enhanced. Hence the amount is further enhanced by sum of Rs. 1,00,000/- (Rs. One Lac) which shall carry interest @ 8% per annum and shall be paid to the mother of the deceased 8. With the aforesaid observation, the petition stands disposed of. C.C. as per rules.