PREMAKUMARI W/O. KUMAR AND KUMAR S/O. HOMBAIAH Vs. UNITED INDIA INSURANCE COMPANY LIMITED BY ITS MANAGER AND A. RAJU S/O. APPAJI GOWDA

JUDGEMENT

(1.) IN this appeal, the parents of the deceased child are seeking enhancement of compensation.

(2.) THE parents having sought for compensation on the death of a minor child who was aged 2 -1/2 years at the time of accident, the Tribunal has arrived at Rs. 63,000/ - as the just compensation. This is on the basis of the judgment of this Court reported in ILR 2002 KAR. 5149 wherein it was laid down that the multiplier method has to be adopted, even in the case of death of a minor instead of taking into account the structured formula of global compensation prescribed under the Schedule and has proceeded to assess the compensation payable. It is this, which is under question in this appeal.

(3.) THE counsel would submit that in yet another decision in the case of Manju Devi and Anr. v. Kasafir Paswan and Anr. 2005 ACJ 99 the award of compensation in a sum of Rs. 2,25,000/ - in respect of the death of a boy aged 13 years was affirmed. Hence, it is possible to hold that the parents could claim compensation even amounting to Rs. 2,25,000/ - and therefore, there is wide discretion in so far as the award of compensation towards the death of a minor child is concerned. 4. Per contra, the counsel for respondent would submit that a Division Bench of this Court in the case of Puttama and Anr. V. D.V. Krishnappa and Anr. ITLR 1999 KAR. SN. No. 69 has opined, after referring to the judgment of the Apex Court wherein the Supreme Court had awarded, Rs. 1,50,000/ - in the case of death of a boy aged 14 years as being the conventional amount in awarding compensation for non -earning members, that this view would be supported by the figures adopted in Schedule II to the Motor Vehicles Act, 1988 which provides that the notional income for the purpose of compensation to those who had no income can be taken to be Rs. 15,000/ - per annum out of which 1/3 has to be deducted for notional personal expenses and thereafter on application of the appropriate multiplier, the compensation can be ascertained. The multiplier for the children aged upto 15 years has been set but as '15'. On applying the same, the compensation payable in case of death of a child, will come to Rs. 1,50,000/ -. The counsel would submit that the said decision would bind this Court and notwithstanding the judgments of the Supreme Court to the contrary, the compensation cannot exceed Rs. 1,50,000/ -.