NEKRAM SHARMA Vs. ASHRAM BATHAM

JUDGEMENT

(1.) Being aggrieved by an award dated 21.2.2000 passed by learned IX Motor Accidents Claims Tribunal, Gwalior in Claims Case No. 99 of 1999 giving only a sum of Rs. 50,000 for no fault liability plus Rs. 4,500 for funeral expenses and loss to estate, appellants (parents of the deceased) have preferred this appeal mainly on the ground that learned Tribunal has erred in law in not following the mandate of the statute in calculating the compensation as per Schedule.

(2.) Needless to say that even in the case of a person not earning at all, his income is statutorily assessed at Rs. 15,000 per annum. In the instant case, deceased aged 6 years was the only female child and the parents are said to be incapable of begetting any further issue for medical reasons. It is also said that the deceased was a bright student and would have fared well in the future. Thus, looking to the circumstances of the case, it would not be open to contend that the deceased would have been handicapped in life on the ground of being a girl. Moreover, it is well settled in law that even in case of children, adequate compensation has to be awarded within the precincts of the statute. Accordingly, we are of the opinion that learned Tribunal has erroneously applied the statutory formula for calculating compensation and has decided the case only on the ground of no fault liability. Thus, to meet the ends of justice, we think it proper to award a 'just' compensation by applying the multiplier of 15 to a minimum statutory income of Rs. 15,000 which shall be subject to 1/3rd deductions of expenditure on herself. Thus in total, the compensation amount would come to Rs. 1,50,000. Added to that would be Rs. 4,500 under two heads, namely, funeral expenses and loss to estate. That apart, appellants are entitled to an interest of 9 per cent on the enhanced amount from the date of the impugned award. However, taking into account the totality of circumstances, it is made clear that the entire enhanced compensation amount shall be kept in F.D. for 15 years in the joint names of both the parents.

(3.) In the premises, the Misc. Appeal No. 263 of 2000 is hereby allowed. Appeal allowed.