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2014 DIGILAW 116 (CHH)

GAUR MANDAL v. BAKSHISH SINGH

2014-03-11

PRITINKER DIWAKER

body2014
Order 1. On 26.04.2006 when deceased Govind Mandal aged about 12 years at the relevant time was riding his bicycle, he was dashed by a tanker bearing registration No. C.G. 07/ZC-0760 which was owned by respondent No. 2, insured with respondent No. 3 and driven by respondent No. 1 in a rash and negligent manner, resulting in his instantaneous death. 2. The claim case was filed by the claimants who are the father, mother and sister of the deceased claiming compensation of Rs. 18,79,000/- inter alia pleading that at the time of death the deceased was 12 years of age studying in class VI and had he survived he would have certainly contributed substantially to the claimants by working hard. 3. By the impugned award the Tribunal has awarded the compensation on the following heads: (i) for loss of income Rs. 1,50,000 (ii) for loss of estate Rs. 2,500 (iii) for funeral expenses Rs. 2,000 (iv) for life expectancy Rs. 15,000 (5000 each) Total Rs. 1,69,500 It has been further held by the Tribunal that as the vehicle was duly insured it is the insurance company which has to satisfy the claim with interest at the rate of 6 percent from the date of application. 4. Counsel for the appellants assailed the award under challenge on the following grounds: (i) that notional income of the deceased has been treated as Rs. 15,000 per annum which is not in accordance with law and it should have been Rs. 36,000; and (ii) that under conventional heads also the compensation awarded by the Tribunal is on the lower side. 5. Counsel for respondent No.3/Insurance Company supports the award impugned and submits that appellant No.1 is a labourer residing in Rickshaw Colony and thus considering his family background annual income of the deceased has rightly been assessed as Rs. 15,000. According to him, under the conventional heads also the compensation awarded by the Tribunal is just and reasonable. 6. Heard counsel for the parties and perused the documents on record. 7. Considering the evidence adduced by the parties and keeping in mind the family background of the claimants it can be said that had the deceased been alive, he would have contributed Rs. 18,000 per annum to the claimants and it is held accordingly. 6. Heard counsel for the parties and perused the documents on record. 7. Considering the evidence adduced by the parties and keeping in mind the family background of the claimants it can be said that had the deceased been alive, he would have contributed Rs. 18,000 per annum to the claimants and it is held accordingly. Undisputedly, at the time of death age of the deceased was 12 years and that being so taking support from the guidelines of Apex Court in the matter of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 , multiplier of 15 has to be applied and doing so the compensation awardable to the claimants comes to Rs. 2,70,000. Similarly, the compensation awarded by the Tribunal under conventional heads also appears to be inadequate and being so instead of awarding the same separately on various heads this Court chooses to award lump sum of Rs. 75,000 on these heads. Thus composite compensation as per the entitlement of the claimants comes to Rs. 3,45,000. Since the claimants have already been awarded compensation of Rs. 1,69,500 the same needs to be deducted and by doing so the total enhanced amount comes to Rs. 1,75,500. This enhanced amount shall carry interest at the rate of 6% per annum from the date of application. 8. Appeal thus allowed in part and award under challenge is modified as above. Appeal Partly Allowed.