MAMTA Vs. MAHENDRA SINGH

JUDGEMENT

(1.) The claimants are not satisfied with the quantum of compensation decided by the Motor Accident Claim Tribunal, Sawai Madhopur in Motor Accident Claim Case No. 85/2013.

(2.) The case and claim of the claimant-appellants is that their son-Lokesh aged about eight years was playing in front of his house on 21/4/2013. A rash and negligent bus bearing registration No. RJ29-PA-1325 dashed him causing his instant death. For the accident aforesaid, Case No. 92/2013 was registered at Police Station Soorwal, Sawai Madhopur and after investigation, police submitted charge-sheet. The offending bus was insured with respondent No. 3-United India Insurance Company Limited. The aforesaid facts are proved and established by documentary evidence produced on record and testimony of eye witness of the accident and they are not challenged in this appeal.

(3.) Mr. Deepak Khandelwal, learned counsel for the appellants contends that the Tribunal erred in granting lump sum amount and not making calculation of 'just compensation' by adopting multiplier method. Learned counsel contends that in the case of Kishan Gopal and Anr. v. Lal and Ors. reported in (2014) 1 SCC 244, the Hon'ble Supreme Court held that even in case of death of a child having no income, the notional income should be taken as multiplicand and it should be multiplied with proper multiplier.