Durga Prasad and Another v. Reeta Mishra and Another
2013-05-29
RAJIV SHARMA, SATISH CHANDRA
body2013
DigiLaw.ai
Satish Chandra, J.— The present appeal has been filed by the appellants-claimants under Section 173 of Motor Vehicle Act, 1988, against the impugned judgment and award dated 03.11.2011, passed by the Motor Accident Claim Tribunal, Faizabad in Claim Case No.101 of 2011, where the total compensation of Rs.50,000/- along with interest @ 6% p.a. was awarded. The present appeal is for the enhancement of the compensation. The brief facts of the case are that the deceased was just three years old child. On 11.03.2011, the child was going along with his mother for taking a bath near Devi Kali Mandir, Faizabad. The driver of the vehicle i.e. Mahindra Jylo was driven it rashly and negligently and hit the child. The child, namely, Sri Priyanshu, died on the spot. The vehicle was not carrying any registration number plot i.e. the vehicle was without the number plate. When the motor of the child Smt. Rajlali cried then the crowd was gathered and caught the vehicle. The driver, Sri Ashish Misra ran away from the spot. Necessary FIR was lodged in the Kotwali, Faizabad. The claimants-respondents has filed the claim petition before the Tribunal, who vide his impugned order awarded a sum of Rs.50,000/- along with interest @ 6% p.a. Not being satisfied, the appellants-claimants has filed the present appeal. With this background, Sri K.V. Yadav, learned counsel for the appellants submits that the child was three years old and he was having a bright future. However, to this effect, he has not supported by any case law. None appeared on behalf of the opposite parties. After hearing learned counsel and on perusal of the record, it appears that the child was three years old. So, it is difficult to know the future of the child. In the present case, the facts like the occurrence of the accident, valid driving licence, insurance policy etc. are not in dispute. The only point for agitation is the quantum of the award. Needless to mention that 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 splendor of the starts, 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 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 involves a good deal of guesswork. In cases, where parents are claimants, relevant factor would be age of parents. In cases of young children of tender age, in view of uncertainties abound, neither their incomes 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. In the light of above discussion, we find no reason to interfere with the impugned order of the Tribunal. The Registry is directed to transmit amount deposited and record, if any, to the concerned Tribunal, who is further directed to proceed in terms of the award thereafter. In the result, the F.A.F.O. is hereby dismissed. _____________