GURNAIB KAUR Vs. JASWINDER SINGH AND OTHERS

JUDGEMENT

(1.) The appellant alongwith her husband Baljit Singh filed a petition under Sections 166 and 140 of the Motor Vehicles Act seeking compensation for the death of their four years' old son, namely, Gurjant Singh on 26.5.1997 at 8.00 p.m. in a motor vehicular accident. During the pendency of the said petition, Baljit Singh, father of the deceased, withdrew his claim and, accordingly, the petition survived qua the appellant. Vide award dated 7.9.1999, the Motor Accidents Claims Tribunal, Fatehgarh Sahib granted a sum of Rs. 75,000/- to the appellant as compensation and respondents No.1 and 2, namely, the driver and owner, respectively, of the offending vehicle were made jointly and severally liable to pay the same alongwith interest @ 12% per annum. Respondent No.3-Insurance Company was specifically exonerated from the payment of the compensation amount for the reason that the driver of the offending vehicle did not possess a valid licence for driving the tractor, which was the offending vehicle.

(2.) Learned counsel for the appellant has submitted that the Tribunal wrongly assessed the monthly income of the deceased as Rs. 400/- whereas considering the fact that the deceased was a non-earning person, his income ought to have been assessed as Rs.15,000/- per annum as specified under the 2nd Schedule of the Motor Vehicles Act, 1988. Relying upon the judgment of the Hon'ble Supreme Court in the case of Manju Devi and another Vs. Musafir Paswan and another, 2005 ACJ 99, it is submitted that the amount of compensation be adequately enhanced.

(3.) Admittedly, the deceased was about 4 years of age at the time of the accident as a result of which he had died. At such a young age, it cannot be said that he was earning something for the family. However, under the 2nd Schedule of the Act, the Court can assess the notional income for granting compensation in the case of non-earning person as Rs. 15,000/- per annum. Reliance in this regard can be placed upon the case of Manju Devi where the case related to the death of a 13 years' old boy in a motor vehicular accident and after referring to the decision in the case of U.P. State Road Transport Corporation Vs. Trilok Chandra, 1996 ACJ 831 ), the Apex Court held that the victim of a accident, who was non-earning person can safely be held to be earning Rs. 15,000/- per annum.