SAWARN DEVI Vs. PUNJAB STATE

JUDGEMENT

(1.) IN this Letters Appeal under Clause X of the Letters Patent, a prayer has been made for further enhancement of compensation. The Motor Accident Claims Tribunal, Gurdaspur, had awarded Rs. 2,000/ - as compensation to the mother of the deceased, while it was enhanced to Rs. 15,000/ - by the learned Single Judge of this Court. The Tribunal found that the accident had been caused by the rash and negligent driving of the bus driver and Rajesh Kumar deceased was run over and killed by Punjab Roadways Bus No. PUG -8990 on October 15, 1976. This finding of fact has been affirmed by the learned Single Judge of this Court while enhancing the compensation awarded by the Tribunal from a paltry sum of Rs. 2,000/ - to Rs. 15,000/ -. Rajesh Kumar deceased in this case was aged seventeen years at the time of the fatal accident and was a student of Higher Secondary Class. Though it has not been brought on record as to what the deceased planned to do in future life, obviously because he was still a Higher Secondary Class student, yet it has come on record that he had left behind his mother and father. Father when examined before the Tribunal, gave his age as 63 years at the time of accident. We take the age of his mother at about 58 years as usually the wife is younger to her husband.

(2.) THERE seems to be a recent trend of different High Courts in awarding higher compensation even in cases of death of children who are of no assistance to their parents. While awarding higher compensation by the Courts, it was considered that the minors might have been a source of help to their parents in later years. We draw this inference from the following authorities: -

(3.) THOUGH it is difficult to evaluate the future earning capacity of the deceased, who was studying in Higher Secondary Class and was seventeen years of age, yet taking into consideration the overall situation, the Court is expected to assess the compensation reasonably. Even under section 92 -A of the Motor Vehicles Act, 1939, a minimum of Rs. 15,000/ - was to be awarded as interim ex gratia compensation. For the anguish, agony and the mental state of the living spouse and parents on the death of the victim. Provision for payment of compensation, under no fault liability is indicative of the human approach taken into consideration by the Legislature while introducing such provision. Thus, taking into account the overall factual and legal position in this matter, we fell that it would be just and fair if the compensation is enhanced to Rs. 25,000/ - The Appeal is, thus, allowed and consequently the compensation payable to the claimant is enhanced from Rs. 15,000/ - to Rs. 25,000/ - along with interest at the rate of 12 per cent per annum from the date of application to the date of payment of the amount awarded. The respondents shall, however, be jointly and severally liable for the compensation awarded.