MOHAN LAL Vs. SATISH KUMAR

JUDGEMENT

(1.) A sum of Rs.60,000/- was awarded by the Motor Accident Claims Tribunal, Narnaul, vide its judgment dated 29.9.2000, on account of the death of Rikku @ Mamta aged about 8 years, in a motor vehicle accident.

(2.) THE respondents have neither challenged the negligence nor their liability. However, the claimants being the parents have sought enhancement of compensation.

(3.) HAVING scrutinized the impugned award, it may be observed that Rikku @ Mamta was 8 years old. In case of the child, it is very difficult to find out the parameters vide which the compensation is to be assessed. The fact that there may have been no pecuniary benefit derived by the parents during the child's life time but that does not debar them to raise compensation on account of the prospective loss suffered by them. Social strata from which the child is coming, school in which he was studying and hopes and expectations of the parents could be other factors contributing to determine the compensation. In case of child up to the age of 15 years, it is difficult to apply the multiplier. The second schedule appended to the Act also does not prescribe any multiplier which may be awarded to the child up to the age of 15 years. Similarly, in Sarla Verma and others v. Delhi Transport Corporation and another, 2009 (3) RCR (Civil) 76, did not fix any multiplier for the children who expire below the age of 15 years. The Apex Court in case Lata Wadhawa and others v. State of Bihar and others, 2001(4) R.C.R.(Civil) 673 : AIR 2001 (SC) 3218 while observing that in case of the death of infant, the claim is not barred, laid down some parameters for determining the compensation. The relevant extract of the judgment is reproduced as under :-