RAM DAS Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THE parents of a young girl who died in an accident on 19. 9. 1991 are seeking enhancement of the compensation. The accident took place with a tractor bearing No. CIG 3671. The Tribunal came to the conclusion that the claimants are entitled to a sum of Rs. 48,000. As indicated above, enhancement is being sought. The father, a doctor, has appeared in the witness-box. He has stated that she was studying in 9th class. She used to get about 66. 7 per cent marks when she was a student of primary school. In the middle examination, she got 75 per cent marks. In mathematics paper she used to get 80 per cent marks. It was further stated by him that the girl was intelligent and he would have seen to it that she becomes a qualified doctor. In para 2 of the statement, it was stated that he would have seen to it that she joins the medical profession and assists him in this regard. It is on the above basis argued that the compensation fixed by the Tribunal is on the lower side.

(2.) IN Roop Rani v. Ramesh Chander 1996 ACJ 1173 (Delhi), the deceased was a student of 9th class. Delhi High Court took note of the provisions of Section 163-A of the Motor Vehicles Act, 1988. The structural formula contained in the Second Schedule was given some consideration. It was on that basis the notional income was counted. Taking overall view of the facts and circumstances of that case, the compensation was fixed at Rs. 70,000. In Executive Engineer, Provincial Division No. 2, P. W. D. , Bandr, Ambala Cantt. v. Harish Chander 1996 ACJ 1348 (Pandh), the deceased was ten years of age. He was a student. The Tribunal allowed compensation amounting to Rs. 1,00,000. This was sustained by the Punjab and Haryana High Court.

(3.) IT be seen that a Division Bench of this Court in the case of Dev Chand v. Babulal Faujdar Bus Service 1997 ACJ 392 (MP), has expressed an opinion that the change in law fixing the compensation of Rs. 50,000 can be taken note of. In the above case, the child was 7 years of age. The position in this case is similar to the one in Roop Rani's case, 1996 ACJ 1173 (Delhi ). As such, it would be just and proper to enhance the compensation to Rs. 70,000. The appeal is allowed accordingly. The claimants would be entitled to interest at the rate of 12 per cent on the enhanced amount on the same terms as were awarded by the Tribunal.