RATAN DAS, S/O LATE RADHA CHARAN DAS Vs. DIPAL CHANDRA KARMAKAR, S/O LATE DEBENDRA KARMAKAR; DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This is a shocking case where the Tribunal for the death of the mother has awarded a paltry amount of Rs.10,000/- only on account of funeral expenses and has held that the claimant is not entitled to any other amount whatsoever.

(2.) To say the least, the award shows total lack of sensitivity on the part of the Presiding Officer of the Motor Accident Claims Tribunal. A death of a mother, howsoever old the mother may be, causes irreparable damage. True it is that under the Motor Vehicles Act (M.V. Act), just compensation has to be paid and the compensation is mainly on the basis of monetary loss but even so, the Court must take a sensitive and pragmatic view of the matter. Even if the mother is very old, she will be the grandmother to the grandchildren. She will look after the grandchildren. Even if she is unable to work in the house, she will supervise the running of the house. It cannot be said that she does not contribute anything to the house. The mere presence of an elder member of the family to act as a guide and mentor to the younger members of the family itself is a great contribution made by the elderly people to the young children in the house.

(3.) If the reasoning of the learned Motor Accident Claims Tribunal was to be accepted, then it would lead to shocking results. To give an absurd example, if a son is spending Rs.10,000/- to 20,000/- every month on the treatment of the mother, can the tortfeasor claim that he should be compensated because the son has to no longer spend any money on his mother. The obvious answer is No. That is not the intention of the M.V. Act.