JAHINA AKHTAR HASMI Vs. GULJAR SINGH

JUDGEMENT

(1.) THE father and son were proceeding towards Gwalior from Shivpuri on scooter No. CIH 4494. A fatal accident took place. A truck bearing No. DIL 8100 was the cause of the accident. The father died on the spot whereas the son died on his way to hospital. Two claim petitions were preferred. This appeal is with regard to the compensation awarded on account of the death of the son namely Naved Hasmi. The appellants are the mother, two sisters and the younger brother. On account of the death of the father, the above claimants were compensated to the extent of Rs. 1,35,800/- whereas on account of the death of the son referred to above, the Tribunal ordered payment of compensation to the extent of Rs. 25,000/ -. It is the assessment of this amount which has been challenged in this appeal.

(2.) THE deceased was a student of Class VIII. According to the mother, the deceased was a meritorious student and good sportsman. Certificate Ex. A/9 to A/13 have been placed on the record. The mother has stated that had the factum of death not intervened an all out effort would have been made to see that the deceased got medical education. It is on this premises, the amount of compensation amounting to Rs. 50,000/- has been claimed.

(3.) THE claimants want compensation to be fixed by taking into consideration the multiplier method. However, this is not the permissible mode. The compensation in such cases is not on the basis of pecuniary loss but it has to be paid mostly to take care of mental shock to the parents. Apart from this, while trying to assess the mentally shock, the age of the child, the number of the children, the sex to which the child belonged, are some of the relevant factors. The financial status of the family may also be a relevant factor. Some of the judicial pronouncements awarding compensation in such cases may be noticed :