KRISHNA LAL BAWEJA Vs. SUDERSHAN

JUDGEMENT

(1.) Anil Kumar, about 13 years old, a student of 5th class and the only son of his parent, died in a road accident on 5.12.1978 while be was trying to enter his school bus. His parents filed claim Suit No. 316/79 and MACT by award Dt. 21.2.1983 awarded them a compensation of Rs. 25,000.00. Two appeals were filed against this award one by claimants claiming enhancement in the compensation and the other by insurance company pleading its limited liability of Rs. 5,000.00. The first appeal of claimants was disposed of by order dt. 15.3.1994 affirming award of Rs. 25,000.00 and the other Appeal filed by the insurance company was dismissed holding that the deceased was not a passenger, but a third party, to render the liability of insurer un- limited.

(2.) Appellants (claimants) feel still dissatisfied and have filed this LPA for further enhancement of compensation. The insurance company on the other hand has filed cross-objections placing reliance on proviso (ii) to subjection (1) of Section 95 of Old M.V. Act to urge that its liability was limited to Rs. 5,000.00.

(3.) Appellants' case is that Anil Kumar was the only son of his parents and that if he had survived, he would have completed his education and taken employment and supported his parents. In other words, it is projected that his future prospects were not taken in regard either by the tribunal or by First Appellate Court while determin- ing compensation. Reliance in this regard is placed on judgments of various High Courts including this Court in 2000 ACJ page 1006 and that of Himachal Pradesh High Court in 1997 ACJ page 831 to insist that higher compensation ranging between Rs. 11- lacs to 5.00 lacs was awardable in the present case. It is also pointed out that this Court had awarded Rs. 11- lacs for the death of a 7 years old boy in its judgment supra and that H.P. High Court had also awarded Rs. 51- lacs for the death of children be- tween 10 to 12 years. It is further submitted that Railways had also raised its compen- sation limit to Rs. 4.00 lacs by amending its Rules and so had an amendment to Section 163-A of the new MVA prescribed for a national income to be taken in regard in those cases where income was not known at the time of the death for purposes of determin- ing compensation.