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2013 DIGILAW 1329 (PNJ)

JYOTI v. JAGDISH

2013-10-01

VIJENDER SINGH MALIK

body2013
JUDGMENT : Vijender Singh Malik, J. This is claimants' appeal for enhancement of compensation. Vishal alias Akash died in a road side accident that took place on 29.09.2009. On his death, his parents brought a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 20,00,000/-. Learned Motor Accidents Claims Tribunal, Sirsa (for short 'the Tribunal') vide award dated 25.05.2011 allowed the claim petition in a sum of Rs. 4,45,901/-. 2. Vishal @ Akash, the deceased had been 18 years old at the time of the accident. He was a brilliant student and after passing his senior secondary examination, he was doing diploma in Engineering with Electronics Trade in Saraswati Polytechnic College, Bhaudeen. The claimants, who are parents of the deceased, have sought a sum of Rs. 20,00,000/- as compensation. 3. The respondents have resisted the claim petition. They have denied the averments of the claimants regarding age and educational qualification of the deceased. They have denied the claimants to deserve a sum of Rs. 20,00,000/- as compensation. 4. Learned Tribunal took the notional income of the deceased at Rs. 2000/- per month and assessed the dependency of the claimants at the said amount. Multiplying the same with 12 to work out the annual dependency and 16 the multiplier, a sum of Rs. 3,84,000/- is found as the amount lost by the claimants in the death of Vishal @ Akash. Taking into account the medical bills, a sum of Rs. 51,901/- was found to have been spent on his treatment. Adding to it, a sum of Rs.10,000/- for funeral expenses, a sum of Rs.4,45,901/- has been awarded as compensation. 5. Learned counsel for the appellants has contended that the deceased had been 18 years old and after doing his senior secondary examination, he has been undergoing the diploma course in Electronics trade. He was a promising boy and in his case, the contribution of the deceased to the family could not be assessed at Rs. 2000/- per month. According to him, no amount has been awarded as loss of estate also. 6. Learned counsel for the respondents, on the other hand, have submitted that adequate amount has already been assessed as compensation. It is further submitted that the deceased was a student and was not earning anything. According to them, no enhancement can be ordered in this case on the given facts. 6. Learned counsel for the respondents, on the other hand, have submitted that adequate amount has already been assessed as compensation. It is further submitted that the deceased was a student and was not earning anything. According to them, no enhancement can be ordered in this case on the given facts. 7. In case of death of student, there is no present income of the deceased and so no elaborate procedure can be adopted to assess compensation. However, prospective loss is always to be kept in mind. This prospective loss was kept in mind by Hon'ble Supreme Court of India in Lata Wadhwa v. State of Bihar, AIR 2001 SC 3218 . Income of Rs. 1,20,000/- per annum was assessed in the age group of 11 to 15. In the case in hand, the deceased was 18 years old and he was expected shortly to start earning. 8. In Lata Wadhwa, AIR 2001 SC 3218 supra, the accident occurred in the year 1989 and in that year the prospective income of a person in the age group of 11 to 15 was assessed as Rs. 1000/- per month. Taking into account the fact that Vishal alias Akash has died 20 years thereafter, at the age of 18 years, I find the prospective income which the deceased could have contributed to his family would not be below Rs. 4000/- per month. Multiplying the same with 12 the annual contribution of the deceased to his parentswould be Rs. 48,000/- and multiplying the said annual contribution with 16, the multiplier adopted by learned Tribunal, the amount lost by the claimants in the death of Vishal alias Akash, comes to Rs. 7,68,000/-. Adding to it, a sum of Rs. 10,000/- as compensation for loss of estate and expenses on the funeral, I assess a sum of Rs.7,78,000/- as compensation in favour of the claimants. 9. Consequently, the appeal succeeds and is allowed enhancing the compensation from Rs. 4,45,901/- to Rs. 7,78,000/-, which shall be payable to the claimants with interest and with other terms as allowed by learned Tribunal. The amount of compensation shall be shared by the appellants in equal.