ARJUNI PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) A boy aged seven years sustained fatal injuries on 22 -1 -1987 and died. His parents lodged a claim before the Motor Accidents Claims Tribunal, Cuttack (in short, the 'Tribunal'). According to them, the accident occurred on account of rash and negligent operation of the road roller belonging to the Executive Engineer, National High Way and Project, Cuttack Division. The claim was for Rs. 50,000/ -. In fact two applications were filed -one Under Section 110 -A of the Motor Vehicles Act, 1939 (in short, the 'Act') and the other Under Section 92 -A of the said Act. Both the applications were tagged up and were disposed of by a common order. The Tribunal quantified the compensation at Rs. 15,000/ -. The quantification is the subject -matter of challenge in this appeeal.

(2.) ACCORDING to Mr, R.B. Mohapatra, learned counsel appearing for the appellants, the quantification is patently on the lower side considering the age of the deceased and his parents. Mr. S. P. Mohapatra, learned counsel for State, however, supported the award. - -

(3.) WHILE considering the case of awarding damages in a case where the deceased is a child the relevant factor would be the age of the parents. It is accepted that the parents in the instant case were in their thirties at the time of accident. The baffling question relating to determination of compensation in the case of death of a child has received attention of many Courts. In Andhra Pradesh State Road Transport Corporation v. C. Ramanaiah ; 1988 ACJ 223 (AP); and Dr. M. K. James and Anr. v. George Joseph and Ors. ;1989 ACJ 31 (Karnataka) elaborate analysis has been made of various relevant aspects. The Andhra Pradesh and Karnataka High Courts in the aforesaid two cases held that in the case of children above five years and below ten years, it will not be possible to ascertain a suitable multiple because of the fairly higher mortality rates in that period. But it is permissible to arrive at conventional amounts, which may range up to Rs. 16,000/ - for accidents in the late seventies.