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2013 DIGILAW 211 (PNJ)

Gurnaib Kaur v. Jaswinder Singh

2013-02-18

T.P.S.MANN

body2013
JUDGMENT Mr. T.P.S. Mann, J.: (Oral) - The appellant alongwith her husband Baljit Singh filed a petition under Sections 166 and 140 of the Motor Vehicles Act seeking compensation for the death of their four years’ old son, namely, Gurjant Singh on 26.5.1997 at 8.00 p.m. in a motor vehicular accident. During the pendency of the said petition, Baljit Singh, father of the deceased, withdrew his claim and, accordingly, the petition survived qua the appellant. Vide award dated 7.9.1999, the Motor Accidents Claims Tribunal, Fatehgarh Sahib granted a sum of Rs. 75,000/- to the appellant as compensation and respondents No.1 and 2, namely, the driver and owner, respectively, of the offending vehicle were made jointly and severally liable to pay the same alongwith interest @ 12% per annum. Respondent No.3-Insurance Company was specifically exonerated from the payment of the compensation amount for the reason that the driver of the offending vehicle did not possess a valid licence for driving the tractor, which was the offending vehicle. 2. Learned counsel for the appellant has submitted that the Tribunal wrongly assessed the monthly income of the deceased as Rs. 400/- whereas considering the fact that the deceased was a non-earning person, his income ought to have been assessed as Rs.15,000/- per annum as specified under the 2nd Schedule of the Motor Vehicles Act, 1988. Relying upon the judgment of the Hon’ble Supreme Court in the case of Manju Devi and another Vs. Musafir Paswan and another, 2005 ACJ 99, it is submitted that the amount of compensation be adequately enhanced. 3. Admittedly, the deceased was about 4 years of age at the time of the accident as a result of which he had died. At such a young age, it cannot be said that he was earning something for the family. However, under the 2nd Schedule of the Act, the Court can assess the notional income for granting compensation in the case of non-earning person as Rs. 15,000/- per annum. Reliance in this regard can be placed upon the case of Manju Devi (Supra) where the case related to the death of a 13 years’ old boy in a motor vehicular accident and after referring to the decision in the case of U.P. State Road Transport Corporation Vs. 15,000/- per annum. Reliance in this regard can be placed upon the case of Manju Devi (Supra) where the case related to the death of a 13 years’ old boy in a motor vehicular accident and after referring to the decision in the case of U.P. State Road Transport Corporation Vs. Trilok Chandra, 1996 ACJ 831 (SC), the Apex Court held that the victim of a accident, who was non-earning person can safely be held to be earning Rs. 15,000/- per annum. 4. It may also be noticed that the Hon’ble Supreme Court applied the multiplier of 15 to the aforementioned notional income so as to grant an amount of Rs.2,25,000/- as compensation to his family members. Similar is the position in the present case where the deceased was a 4 years’ old boy and has left behind his mother, who is the appellant before this Court. The deceased also left behind his father Baljit Singh, who for the reasons best known to him, opted to withdraw the claim-petition qua himself. 5. In view of the above, the notional income of the deceased is assessed as Rs. 15,000/- per annum. Applying the multiplier of 15, the total dependency is calculated as Rs.2,25,000/-. 6. Vide impugned award, the Tribunal had granted an amount of Rs. 3,000/- to the appellant towards the funeral expenses. As the case pertained to the year 1991, it cannot be said that the said amount is highly inadequate. Therefore, granting of the amount of Rs.3,000/- towards the funeral expenses, is upheld. Adding the same to the total dependency, the appellant is held entitled to receive an amount of Rs. 2,28,000/- as compensation. 7. Resultantly, the appeal is allowed by enhancing the compensation amount from Rs. 75,000/- to Rs. 2,28,000/-. The liability to pay the entire compensation amount shall be of respondents No.1 and 2 jointly and severally. The appellant shall also be entitled to interest @ 12% per annum on the compensation amount of Rs. 75,000/- from the date of filing of the claim-petition till its realization whereas for the enhanced amount of compensation, the interest is awarded @ 7.5% per annum from the date of the filing of the claim-petition till its realization. 8. No costs.