Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 1316 (PNJ)

Mange Ram v. Surender Kumar

2014-09-17

REKHA MITTAL

body2014
JUDGMENT : Rekha Mittal, J. The claimants are in appeal seeking enhancement of compensation in regard to death of their 08 years old son in a motor vehicular accident. The Motor Accident Claims Tribunal, Panipat (in short "the Tribunal") has assessed income of the deceased at Rs. 1200/- per month, allowed multiplier of 11 and computed loss of dependency at Rs. 1,58,400/-. Another amount of Rs. 10,000/- has been allowed towards expenses on funeral. As the deceased has been held to be liable for accident to the extent of 50%, the claimants-appellants have been awarded compensation of Rs. 84,200/-. 2. Counsel for the appellants contends that as the deceased was a child of 08 years of age, the driver of the offending vehicle was obligated to take extra care and was required to stop the vehicle and allow the child to cross the road. It is further argued that the driver of the offending vehicle did not appear in the witness box to counter the statements of the witnesses or state on oath that there was nothing lacking on his part while the vehicle hit the child. 3. With regard to quantum of compensation assessed by the Tribunal, counsel has submitted that a multiplier of 15 is required to be adopted. Compensation for loss of love and affection is required to be given to the claimants. The claim in regard to funeral expenses is liable to be enhanced. 4. Counsel for the contesting respondents has supported the order passed by the Tribunal with the submissions that there are no justifiable reasons to interfere in the findings of the Tribunal, based upon correct appreciation of evidence on record. 5. I have heard counsel for the parties and perused the case file. 6. Indisputably, the deceased child was crossing the road when hit by the offending vehicle bearing No. HR-62-1260 driven by Surinder Kumar respondent No. 1. There were three persons accompanying the child but they permitted him to go ahead while crossing the road. There is nothing on record to suggest that if the child and persons accompanying him had taken care to ensure that no vehicle was coming from either side. The child was crossing the road without any adequate protection by the persons accompanying him. Under these circumstances, negligence on part of the child is assessed to the extent of 25%. 7. There is nothing on record to suggest that if the child and persons accompanying him had taken care to ensure that no vehicle was coming from either side. The child was crossing the road without any adequate protection by the persons accompanying him. Under these circumstances, negligence on part of the child is assessed to the extent of 25%. 7. So far as compensation assessed by the Tribunal, in view of principles laid down by Hon'ble the Supreme Court of India in Puttamma and Others Vs. K.L. Narayana Reddy and Another AIR 2014 SC 706 , in case of child less than 15 years of age, his income is to be taken as Rs. 15000/- per annum and multiplier of 15 is to be allowed. The amount of compensation towards loss of dependency comes to Rs. 2,25,000/-. The appellants, parents of the deceased shall be entitled to an amount of Rs. 50,000/- towards loss of love and affection. They are awarded an amount of Rs. 25,000/- towards expenses on funeral and last rites of the deceased. The total amount comes to Rs. 3,00,000/- and the amount payable to the claimants after deducting 25% attributed towards negligence of the child comes to Rs. 1,40,800/- over and above the compensation awarded by the Tribunal. The amount of enhanced compensation shall carry interest at the rate of 7.5% per annum from the date of filing of the petition till realization. However, in case the insurer deposits enhanced amount i.e. Rs. 1,40,800/- in the Tribunal within a period of 45 days, it shall be liable to pay interest at the rate of 6% per annum. The appeal stands disposed of in the aforesaid terms.