NIRMAL MARIA Vs. RAM SINGH

JUDGEMENT

(1.) Rimmy, a girl, aged 14 years, student of 9th class, died in an accident which took place on 23.1.1997 as she was run over by a Punjab Roadways bus bearing registration No. PB 12-B 8710. The Motor Accidents Claims Tribunal, Jalandhar vide its judgment dated 16.7.1999 awarded a total compensation of Rs. 50,000 along with 12 per cent interest in favour of the claimant.

(2.) Aggrieved against the award of the Motor Accidents Claims Tribunal, the present appeal has been filed. During the pendency of the appeal, the matter was referred to the Lok Adalat, which, vide order dated 9.12.2003 allowed a compensation of Rs. 1,00,000 over and above the amount awarded by the Tribunal. As the Punjab Government did not give any concurrence and acceptance to the award passed by the Lok Adalat, therefore, claimant-appellant has filed the present application for disposing of the appeal on merits. The learned counsel for the appellant has contended that the deceased Rimmy was 14 years old at the time of the accident and in terms of the judgment in Manju Devi v. Musafir Paswan, 2005 ACJ 99 (SC), for a teenaged child of 13/14 years and a non-earning person, Apex Court has assessed notional income of Rs. 15,000 per annum and has adopted a multiplier of 15. On this basis, learned counsel contends that claimant is entitled to be awarded Rs. 15,000 with a multiplier of 15 and thus, a total compensation of Rs. 2,25,000 be awarded in favour of appellant. The learned counsel for the State, however, submits that as the interest rates have considerably been reduced by the nationalised banks, therefore, reduced rate of interest be awarded.

(3.) After going through Manju Devi's case, 2005 ACJ 99 (SC), it is clear that as the deceased in the present case was only 14 years old, therefore, earnings of a non- earning person is assessed at Rs. 15,000 per annum and a multiplier of 15 is adopted. Thus, the appellant is entitled to a total compensation of Rs. 2,25,000 on account of death of Rimmy. Appellant shall also be entitled to interest at the rate of 9 per cent from the date of filing of the claim petition till realisation.