MANOHARAN Vs. SUDHA S. RAO

JUDGEMENT

(1.) NOT satisfied with the quantum of compensation of Rs.1,51,000/ - with interest 7.5% per annum, awarded for the death of a seven year old school going child, the Appellant Claimants have preferred this Appeal.

(2.) IT is the case of the Appellant/Claimants that at the time of accident, the deceased was aged 7 years and a school going child. According to them, the deceased was intelligent child and had she been alive, later on, she would have taken care of her parents. The Appellant/Claimants have further submitted that the sudden demise of their child has affected the family and caused agony, unhappiness. It further submitted that the injury inflicted in the minds of the parents by the loss of the life of child, though cannot be quantified under precise mathematical calculations, the quantum of compensation awarded is inadequate. Reliance has also been placed on a decision in R.K. Malik v. Kiran pal, 2009 (1) MAC 593 (SC), the Appellants have sought for enhancement of compensation.

(3.) IN R.K.Malik v. Kiran Pal, 2009 (1) TN MAC 593 (SC), the accident occurred on 18.11.1997, when the Bus, after overrunning the road and breaking the railing, got drowned in Yamuna river, at wazirabad Yamuna Bridge, Consequent to which, 29 children died. Claim Petitions were filed by the legal representatives of the deceased. The Motor Accident Claims Tribunal, Delhi, by its common award dated 6.12.2004, directed the Respondents 2 & 3 therein, to pay compensation of Rs.1,55,000/ - jointly and severally, to the dependants of children between the age group of 10 to 15 years and Rs.1,65,000/ -, for the age group of children between 15 to 18 years. Three children namely Kailash Rathi, Neena Jain and Jatish Sharma were less than 10 years. In the case of Kailash Rathi, compensation of Rs.1,05,000/ - was awarded and in the cases of Neena Jain and Jatish Sharma, Compensation of Rs.1,30,000/ - and Rs.1,31,000/ - respectively, was awarded. An Additional sum of Rs.1,000/ - was awarded in the case of Jatish Sharma, as in some other cases, for loss of books. The figures mentioned above include Rs.5,000/ - each, towards Funeral and Last Rites. In all the cases, the Claims Tribunal has computed the Loss of Dependency on a Notional Income of Rs.15,000/ - per annum, and Rs.5,000/ - was deducted towards Personal and Living Expenses. The Tribunal applied multiplier of '15 ' for the children below 15 years and multiplier of '16 ' for the children between 16 & 18 years respectively. Not satisfied with quantum of compensation, legal representatives preferred Appeals before the High Court, and the High Court, by its common judgment dated 17.5.2006, enhanced the compensation in all the cases by Rs.75,000/ - & 1,000/ - (if not already awarded by the Tribunal) with interest @ 7.5% per annum from the date of filing of the Claim petition till payment. As against the Judgment of the High Court, Special Leave Petitions were filed to the Supreme Court, seeking for enhancement. Before the Apex Court, a contention was raised on behalf of the Appellants/Claimants that both the Tribunal, as well as the High Court failed to consider the claim of the Appellants with regard to the future prospects of the children. It was contended that the evidence with regard to the same has been ignored by the Courts below. Reference has been made to the Judgments in Sarla Dixit v. Balwant Yadav, AIR 1996 SC 1274; Lata Wadhwa v. State of Bihar, 2001 (8) SCC 197; and M.S. Grewal v. Deep Chand Sood, 2001 (8) SCC 151. Accepting the above contentions, the Supreme Court has enhanced the compensation, by adding a further sum of Rs.75,000/ - under head of Future Prospects in all the cases.