JUDGMENT 1. - This appeal is directed against judgment and award dated 6.2.2013 passed by Motor Accident Claims Tribunal, Merta whereby for death of Seema daughter of the claimants, the Tribunal has awarded a sum of Rs. 4,04,000/- as compensation. 2. It was inter alia claimed in the application for compensation ('the application') that the deceased was traveling in a jeep, which collided with the bus belonging to the appellant resulting in her death. The deceased was 3 aged about 16 years; she used to earn Rs. 4,000/- per month by grazing goats and cows. 3. The tribunal determined aged at 16 years and income at Rs. 3,000/- per month and after deducting ⅓rd towards personal expenses and applying multiplier of 16, awarded a sum of Rs. 3,84,000/- towards loss t of income and a further sum of Rs. 10,000/- towards funeral expenses and 10,000/- towards loss of love and affection. 4. It is submitted by learned counsel for the appellant that tribunal has awarded excessive compensation as the claim made by the claimants is not based on cogent evidence. The award of compensation is excessive and deserved to be scaled down. 5. Per contra, learned counsel appearing for the respondent relied on judgment of Hon'ble Supreme Court in Kishan Gopal & Anr. v. Lala & Ors., 2013 AAC 3005 to indicate that the Hon'ble Supreme Court in a case, which arose from judgment passed by this court, has awarded compensation of Rs. 5,00,000/- for the death of a child aged 10 years, and therefore, the compensation does not call for any interference. 6. Having considered the submissions made by learned counsel for the parties and the law laid down by the Hon'ble Supreme Court in Kishan Gopal & Anr., 2013 AAC 3005 (supra), wherein Hon'ble Supreme Court observed that : "In our considered view, the aforesaid view, the aforesaid legal principle laid down in Lata Wadhwa's case with all fours is applicable to the facts and circumstances of the case in hand having regard to the fact that the deceased was 10 years' old, who was assisting the appellants in their agricultural occupation which is an undisputed fact. We have also considered the fact that the rupee value has come down drastically from the year 1994, when the notional income of the non-earning member prior to the date of accident was fixed at Rs. 15,000/-.
We have also considered the fact that the rupee value has come down drastically from the year 1994, when the notional income of the non-earning member prior to the date of accident was fixed at Rs. 15,000/-. Further, the deceased boy, had he been alive would have certainly contributed substantially to the family of the appellants by working hard. In view of the aforesaid reasons, it would be just and reasonable for us to take his notional income at Rs. 30,000/- and further taking the young age of the parents, namely the mother who was about 36 years old, at the time of accident, by applying the legal principles laid down in the case of Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121 : AIR 2009 SC 3104 , the multiplier of 15 can be applied to the multiplicand. Thus, 30,000x15=4,50,000 and 50,000/- under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susamma Thomas, (1994) 2 SCC 176 : AIR 1994 SC 1631 , which is referred to in Lata Wadhwa's case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs. 50,000/- under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants. The said amount will carry interest @ 9% p.a. by applying the law laid down in the case of Municipal Council of Delhi v. Association of Victims of Uphaar Tragedy, (2011) 14 SCC 481 , for the reason that the Insurance Company has been contesting the claim of the appellants from 1992-2013 without settling their legitimate claim for nearly about 21 years, if the Insurance Company had awarded and paid just and reasonable compensation to the appellants the same could have been either invested or kept in the fixed deposit, then the amount could have earned five times more than what is awarded today in this appeal. Therefore, awarding 9% interest on the compensation awarded in favour of the appellants is legally justified." no case for any interference is made out in the award impugned. 7. Consequently, the appeal has no substance and the same is, therefore, dismissed. 8. The stay application is also dismissed.Appeal dismissed.
Therefore, awarding 9% interest on the compensation awarded in favour of the appellants is legally justified." no case for any interference is made out in the award impugned. 7. Consequently, the appeal has no substance and the same is, therefore, dismissed. 8. The stay application is also dismissed.Appeal dismissed. *******