RAGHBIR SINGH Vs. MAKHOLI RAM

JUDGEMENT

(1.) In an accident which took place on 25-8-1980, caused by Ambassador Car No. DLY 233, insured with M/s. New India Assurance Company Limited, one Rajesh Kumar, aged 12 years was killed. The petition -was filed by the father of the deceased who was 48 years old at the time of the accident. The Tribunal has awarded Rs. 20,250.00 by way of compensation. The claimant had claimed Rs. 5,00,000.00 as compensation.

(2.) Counsel for the appellant has fairly conceded that he cannot sustain the claim for Rs. 5,00,000.00 . This appeal was referred to the Lok Adalat for settlement. A plea was taken by the Insurance Company that their liability was limited to Rs. 50.000.00 and, therefore, the matter could not be settled in the Lok Adalat. We need not go into the question of the limited liability of the Insurance Company because considering all aspects of the matter, I am of the opinion that Rs. 40,000.00 Is the just and proper compensa- tion in the present case,

(3.) The deceased was 12 years old at the time of accident and was still doing his schooling. Without going into the realm of conjecture, it can reasonably be assumed that like any other ordinary student he would have completed bis education and secured a job thereafter. As the minimum contribution to the family, a figure of Rs. 300.00 per month can be very reasonably arrived at, leaving some margin for the uncertainties of life and applying 15 as the multiplier, an award of compensation of Rs 40,000.00 would be proper in the present case. I order accordingly. The amount of Rs. 20,250.00 awarded by the Tribunal was deposited by the Insurance Company with the Tribunal. Counsel for the appellant states that the amount has not been withdrawn by the appellant. It is difficult to understand why the amount of Rs. 20,250.00 , deposited in 1980, was not withdrawn by the claimant. He would, therefore, not be entitled to any interest on that amount. The appellant would, however, be entitled to simple interest @ 9% per annum on the enhanced amount of compensation, i.e. Rs. 19,750.00 from the date of the petition till the date of payment.