MOHAMMAD WASEEM Vs. IZRAUL HAQ

JUDGEMENT

(1.) Learned counsel for the appellant is present and has made submission. None is present on behalf of the respondents despite notice to them.

(2.) It has been submitted by the learned counsel for the appellant that a girl aged about seven years succumbed to death on account of the accident. The father of the deceased (claimant-appellant) is claiming compensation. The Tribunal has awarded a sum of Rs. 70,000 as compensation to the claimant-appellant. Now the appeal has been filed by the claimant-appellant for enhancement of compensation stating that compensation awarded by the Tribunal is very meagre. In support of his submission, learned counsel for the claimant-appellant relied upon the decision pronounced in the case of New India Assurance Co. Ltd. v. Anwar Ali, 2003 (3) TAC 12 (Allahabad), wherein on the death of a minor girl aged about 8 years, the Tribunal awarded compensation of Rs. 2,25,000 on the basis of notional income of the deceased which was taken to be Rs. 15,000 per annum and applied the multiplier of 15.

(3.) In the present case, in determining the quantum of compensation, it is to be seen what amount of compensation is to be determined for the just decision of the case. According to the provisions contained in Second Schedule to section 163-A of the Act multiplier of 15 will apply. In view of the calculation on the basis of multiplier of 15 for the person aged about 15 years, amount of compensation was Rs. 2,25,000 as just compensation.