ORIENTAL INSURANCE CO LTD Vs. HEMA DUTTA

JUDGEMENT

(1.) Heard the parties and with their consent this appeal is disposed of at the stage of hearing under Order 41, Rule 11 of the Code of Civil Procedure.

(2.) One Nirmal Kumar Dutta, son about 5 years of Respondent No. 1 died in a motor accident on 12.5.1994. In Claim Case No. 9 of 1994 filed under the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), the Tribunal calculated a sum of Rs. 2,00,000/ - to be paid as compensation, besides interest at the rate of 12% per annum. Applying the amended provision of the Act, which was in force from 14.11.1994, the Tribunal on the basis of IInd Schedule under Section 163A read with chart annexed thereto assessed notional income of the deceased child at Rs. 15000/ - per annum.

(3.) Since the accident had taken place on 12.5.1994 the aforesaid amended provisions of the Act and the chart which came into force with effect from 14.11.1994 and was also doubted by the apex Court, was not applicable in the present case. Secondly, it is well settled that in case of death of a child in motor accident, compensation is to be awarded on a lump sum basis, considering the status of the parties, financial condition of the family of which the deceased belonged to, the future expectancy of the deceased and love and affection of the parents. However, the deceased child was a non-earning member. Considering all aspect of the matter in the present case, in my opinion, a sum of Rs. 50,000/ - would be the proper assessment of compensation on lump sum basis to be paid to the claimants-Respondents herein. Hence, the impugned judgment and award is modified and the quantum of total compensation assessed by the Tribunal to the tune of Rs. 2,00,000/ - is reduced to Rs. 50,000/ - only.