KANTA BHANDARI Vs. KARAM ELLAHI

JUDGEMENT

(1.) FAO 16/1986 is directed against the judgment and order of Motor Accident Claims Tribunal, Delhi in Petition No.294/1978 whereby the learned Tribunal vide its judgment and order dated 20.8.1985 has awarded a sum of Rs.25,000/- together with interest @ 6% on account of the death of Ms.Renu Bhandari, a 17 year old girl studying in B.A.Ist Year.

(2.) The facts of the case are that:

(3.) It is contended by the counsel for the petitioner that a 17 year old girl riding pillion had met her death in the aforesaid accident and that the total claimed amount by the claimant was Rs.1 lakh. He submits that although much higher claim could have been made and a higher amount awarded, yet since the claimants have been most reasonable and under-valued the life and ability of their daughter Renu, there was no reason why the Tribunal ought not to have given at lease one lakh. There is no presumption attached that the girl is not an earning member of the family and cannot support herself and other members of the family and, therefore, to award a sum of Rs.25,000/- for a death is indeed very much on the lower side. Taking into consideration the fact that the deceased was 17 years of age and was studying for her graduation, there is every likelihood that she would obtain employment which would have certainly generated income of which claimants would have shared the benefit.