ANNAPPA GANGAPPA KUMBAR Vs. C SUBRAMMANYAM

JUDGEMENT

(1.) M. F. A. No. 2572 of 1994 arises out of M. V. C. No. 721 of 1990. M. F. A. No. 2596 of 1994 arises out of M. V. C. No. 722 of 1990.

(2.) THE two appeals arise out of the common judgment rendered by Second Additional District Judge cum III Additional motor Accidents Claims Tribunal, Dhar-wad in M. V. C. Nos. 721 and 722 of 1990. Along with the said cases there were other three claims which came to be decided by common judgment. In M. V. C. No. 721 of 1990 claim is made by the parents of the deceased one Channabasappa who was a boy aged 6 years at the time of accident. In M. V. C. No. 722 of 1990, the father of the deceased Channabasappa has made the claim, seeking compensation for the personal injuries sustained in the motor accident that occurred on 14. 2. 1990 at 5. 30 p. m. , near Kamadod Cotton Spinning Mill on P. B. Road, Ranebennur. The goods truck bearing registration No. TDW 6949 which was driven in a rash and negligent manner hit against a Tempo bearing No. MEH 4045 and caused one fatal injury to channabasappa and personal injuries to the other inmates of the Tempo. The trial court has found that the accident has occurred only on account of rash and negligent driving of the truck and has held that the driver of the Tempo has not contributed in any manner for causation of the accident. The trial court has granted a compensation of Rs. 15,000 with interest at 6 per cent per annum in M. V. C. No. 721 of 1990 and rs. 34,500 in M. V. C. No. 722 of 1990. The claimants being aggrieved by inadequate compensation have preferred the appeals.

(3.) THE trial court has granted compensation to the parents of the deceased in a sum of Rs. 15,000, something in the nature of a global compensation. A question would arise that in case of death of a minor child whether the multiplier method is to be adopted. The earlier trend in the precedent law was to award a lump sum compensation in case of young and minor children only for loss of expectation of life obviously for the reason that their life expectancy was uncertain and infantile mortality was rampant. The view of mine finds support from the ruling of this court in Concord of india Insurance Co. Ltd. v. L. J. Machado, 1966 ACJ 321 (Mysore), wherein a similar view is held following the view in Benham v. Gambling, (1941) 1 All ER 7- (1941)AC 157. With the advanced medical preventive and curative techniques, the life expectancy of the infants is substantially improved and the problem of infant. mortality has been overcome thanks to the positive achievements made in the medical field.