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2021 DIGILAW 670 (JHR)

Tukeshwari Devi wife of Sri Shivnandan Mahto v. Royal Sundaram Alliance Insurance Company Limited through its Chairman-cum-Managing Director

2021-08-25

ANANDA SEN

body2021
ORDER : Claimant-appellant has preferred this appeal for enhancement of the awarded amount vide award dated 26.03.2015 passed by the District Judge-III-cum-Presiding Officer, Motor Accident Claim Tribunal, Bermo at Tenughat, Bokaro in Motor Accident Claim Case No.51 of 2011. 2. I have heard the counsel for the appellant, counsel appearing for the Insurance Company and the counsel appearing for the owner of the vehicle. 3. The case arises out of motor vehicle accident, which had occurred on 14.01.2011, when the deceased Shashi Kumar Mahato was dashed by an unnumbered maruti omni van which was driven rashly and negligently by Lakshman Nayak, thereafter on the way to taking him to the hospital, the deceased died. Kasmar Police Station Case No.4 of 2011 was registered for offences under Sections 279, 304A of the Indian Penal Code. The deceased, as per the claim application, was aged about 13 years. According to the claimants they were entitled to a compensation amount of Rs.3,50,000/- along with interest. 4. The Insurance Company had appeared before the Tribunal, but did not file any written statement and was debarred from filing any written statement by order dated 14.12.2012. Opposite parties No.2 and 3 had never appeared before the Tribunal and the claim case proceeded ex-parte. 5. On the basis of the claim application, the Tribunal framed four issues, the probable translation of the said issues in English are as under: I. Whether the claim application is maintainable in its present form? II. Whether the claimants got valid cause of action for the present case? III. Whether the claimants are entitled to the compensation amount claimed by them and to what extent they are entitled to get the same? IV. Whether the claimants are entitled to get the compensation as claimed? 6. Four witnesses were examined on behalf of the claimants and several documents were exhibited, which were marked as Exhibits 1, 2, 3, ‘X’ and ‘X/1’. 7. The Tribunal, thereafter, on the basis of the evidence, has held that the accident had occurred due to rash and negligent driving of the vehicle Maruti Omni, resulting in death of the deceased Shashi Kumar Mahto. The deceased was aged 13 years at the time of accident. The vehicle was insured with the Insurance Company. 7. The Tribunal, thereafter, on the basis of the evidence, has held that the accident had occurred due to rash and negligent driving of the vehicle Maruti Omni, resulting in death of the deceased Shashi Kumar Mahto. The deceased was aged 13 years at the time of accident. The vehicle was insured with the Insurance Company. Thereafter, the Tribunal awarded a sum of Rs.3,50,000/-as compensation and in addition to that has also awarded a sum of Rs.15,000/-towards love and affection as also a further sum of Rs.10,000/-towards funeral expenses. The Tribunal directed the Insurance Company to pay the aforesaid amount of Rs.3,75,000/-within 30 days from the date of the award along with interest at the rate of 8% from the date of filing of the claim application till the date of award. 8. Counsel appearing for the claimants submits that the deceased was 13 years and was having bright future, as such, the Tribunal could not have denied future prospect to the claimants. Counsel appearing for the claimants further submits that the Tribunal has erred in allowing only a meager sum of Rs.10,000/-on account of funeral expenses and a sum of Rs.15,000/-towards the loss of love and affection, which are not in consonance with the judgment of the Hon’ble Supreme Court in the case of National Insurance Co. Ltd. versus Pranay Sethi reported in (2017) 16 SCC 680 . He also claims that the claimants are entitled to interest at the rate of 12% from the date of the claim application till realization. 9. Counsel for the Insurance Company submits that admittedly, when the deceased was 13 years, his income cannot be assessed nor the claimants can get any amount towards future prospect. He relied upon a judgment of the Hon’ble Supreme Court in the case of Rajendra Singh & Others versus National Insurance Company Limited & Others reported in (2020) 7 SCC 256 . 10. This is an appeal by the appellant-claimant, claiming for enhancement of compensation. From the submission of the parties and from the records, it is clear that the deceased was aged 13 years at the time of accident. The Tribunal has also held that the deceased was the only son of his parents and irreparable loss has been caused to the parents due to the death of their only son. From the submission of the parties and from the records, it is clear that the deceased was aged 13 years at the time of accident. The Tribunal has also held that the deceased was the only son of his parents and irreparable loss has been caused to the parents due to the death of their only son. The Tribunal has held that the claimants are entitled to a sum of Rs.3,50,000/-as compensation and Rs.15,000/-towards love and affection and Rs.10,000/-towards funeral expenses. Thus, the Tribunal has assessed the total compensation to be paid to the claimants as Rs.3,75,000/-. Be it noted that the Insurance Company has not challenged the award. 11. The Hon’ble Supreme Court in the case of Rajendra Singh (supra) was dealing with the amount of compensation, which should be paid to the claimants where the deceased was aged about 12 years. While considering the aforesaid case, the Hon’ble Supreme Court considered the case of New India Assurance Co. Ltd. versus Satender reported in (2006) 13 SCC 60, wherein at paragraph 12 of the said judgment, the Hon’ble Supreme Court had held as follows: - “12. In cases of young children of tender age, in view of uncertainties abound, neither their income at the time of death for 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.” 12. The Hon’ble Supreme Court held that the case of R.K. Malik versus Kiran Pal reported in (2009) 14 SCC 1 has not considered the case of Satender (supra) on the ground of future prospect. After considering the case of Satender (supra) and R.K. Malik (supra), the Hon’ble Supreme Court, in the case of Rajender Singh (supra), had arrived at the conclusion that a sum of Rs.2,95,000/-is the appropriate compensation. 13. In this case, the deceased was 13 years whereas in the case, which was before the Hon’ble Supreme Court, i.e., Rajender Singh (supra), the deceased was 12 years. 13. In this case, the deceased was 13 years whereas in the case, which was before the Hon’ble Supreme Court, i.e., Rajender Singh (supra), the deceased was 12 years. Thus, there is not much difference in both the cases. In the instant case the Tribunal has granted a sum of Rs.3,75,000/-towards compensation to be paid along with interest at the rate of 8% per annum, whereas the Hon’ble Supreme Court had granted Rs.2,95,000/-. Thus, this Court, considering the judgment of the Hon’ble Supreme Court is of the opinion that the amount which has been awarded by the Tribunal with the interest thereupon is just and fair compensation. 14. Considering the judgment of the Hon’ble Supreme Court, I feel that there is no need of any interference with the impugned award dated 26.03.2015 passed by the District Judge-III-cum-Presiding Officer, Motor Accident Claim Tribunal, Bermo at Tenughat, Bokaro in Motor Accident Claim Case No.51 of 2011. This miscellaneous appeal is, accordingly, dismissed.