BIMLA DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This judgment will dispose of F.A.O. Nos. 518/1985, 765/1985, 487/1986 (including X-objections No. 87-CII/1986), 572/1987, 446/1984 and 566/1984 (including X-objections No. 86CII/1984) as a common question of law arises in these appeals.

(2.) We shall refer to the facts of FAO No. 518/1985 for the purpose of appreciating the matter in controversy and the points arising for adjudication.

(3.) A claim petition under the Motor Vehicles Act was filed by the parents and sisters of the deceased child Mange alias Manoj, claiming compensation to the tune of Rs. 2,00,000/- on account of his untimely death. The tribunal found that the accident took place due to the rash and negligent driving of the vehicle by the driver as a result of which Mange alias Manoj died, and his age at that time was 12 years and he was a student of 5th class. With regard to the quantum of compensation, the learned Tribunal found that the deceased was quite hale and hearty and he used to assist his father, who ran a small tea shop, after the school hours. The Tribunal further held that even if a servant of the age of 12 years is employed at a small tea stall he has to be paid not less than Rs. 5/- per day, and in this situation, the Tribunal found that the deceased was contributing to the earnings of his father to the tune of Rs. 150/- per month. Applying the ratio of Lachhman Singh v. Gurmit Kaur reported as 1979 Acc CJ 170, and a multiplier of sixteen, the total pecuniary loss suffered by the parents of the deceased Mange was held to be Rs. 28,800/-. The claim of the sisters of the deceased was not accepted since they were not proved to be dependent on the deceased.