BALWANT SINGH Vs. JYOTI PARSAD

JUDGEMENT

(1.) THE controversy in this Letters patent Appeal Veers around the quantum of compensation only. The learned Single Judge affirmed the finding of the Motor Accident Claims Tribunal while awarding Rs. 30,000/- as compensation to the parents of the deceased Asha Prasad, a six years old girl who was run over by a tractor while standing on the road side way back in September, 1979. Based upon judgment of the Supreme Court In S. K. Subramania Tyer v. T. K Kunhi Kuttan Nair 1970 ACJ, 110 (SC) and two decisions of this Court in Lachhman Singh v. Gurmit Kaur, (1979)81 P. L. R. 1 and Smt. Bimla Devi etc. v. National Insurance Co. Ltd. and Anr. , (1988-2) 94 P. L. R. 301 (F. B.), Mr. Suri, learned Senior Advocate appearing on behalf of Balwant Singh, owner of the Tractor, contends that when the age of the deceased child is between 5 and 9 years, there is hardly any scope for evaluating the multiplicands exactly, even though reasonable expectation of the pecuniary benefits in the future is not ruled out. The amount of compensation on account of death of a child above five years but below ten should be between Rs. 5000/- to Rs. 15,000/- contends the learned Counsel. The contention noted above, in considered view of this Court, is not entirely correct. From the three judgments relied upon by the learned counsel a strait jacket formula for computing Compensation is not spelt out. Jurisdiction of the Tribunal under the Motor Vehicles Act to award just Compensation is well settled very wide and comprehensive and the element of speculation can not be ruled out. The determination of compensation would turn upon the particular facts of each case, like, family environments, members of the family, age of the victim, his outlook in the Life, the interest which the parents were taking in the child and totality of the circumstances. In Full Bench Judgment in Smt. Bimla Devi's case (Supra) it has been observed that "the Court has to take into consideration whether the child was subject to risks of illness, disease, accident and death. "

(2.) THE facts in the instant case reveal that father of the deceased was Commissioner of Income Tax. It has been noticed by the learned Single Judge that had the child lived, she would have been provided the best possible education and this in turn would have made available to her the opportunity of a career in leading Profession also. In this situation, if her parents were ever to be in need, it is very unlikely that she would not have extended financial support to them. That apart, the services of a daughter or house-wife, though rendered gratuitously in the house-hold, when abruptly end, it necessarily results into financial burden upon the family. There is no manner of doubt that in kind of family the deceased Asha Prasad was born, she would have on attainment of 14 or 15 years of age, rendered voluntary service to the house-hold obiviating necessity of rendering domestic help by others i. e. servants, tailors, Washer-man etc. An award of Rs. 30,000/- to the Parents of the deceased girl in the facts and circumstances of the case is not excessive in any manner. Finding no merit in this appeal, we dismiss the same leaving, however, the parties to bear their own costs.