BODHIRAM Vs. RAMPRASAD

JUDGEMENT

(1.) VII Motor Accidents Claims Tribunal awarded Rs. 50,000 as compensation for the death of Vijay Kumar in an automobile accident on 20.2.1996. His parents have filed this appeal against that award, claiming enhancement of compensation.

(2.) Learned counsel for the appellants argued that the deceased was aged about 15 years and was studying in class VII. He was a meritorious student having bright prospects. The Tribunal limited the compensation to Rs. 50,000 which was awarded by way of interim compensation. This was highly unjustified and inadequate.

(3.) Having heard the counsel for both sides and having perused the record, we are of the view that the appeal should be allowed. Although the deceased was not an earning member, yet following the guidelines given under the Second Schedule to section 163-A of the Motor Vehicles Act, we would take his notional income to be Rs. 15,000 per annum. And considering the age of the claimant and other imponderables, the proper multiplier in our view would be 12. The amount thus calculated comes to Rs. 1,80,000. Making a deduction of 1/3rd, the amount conies to Rs. 1,20,000. Adding thereto a sum of Rs. 2,000 towards funeral expenses, the total amount comes to Rs. 1,22,000.