SANWAL RAM Vs. MUSTAQ AHMAD

JUDGEMENT

(1.) THIS is a claimants -appellants' appeal for the enhancement of the amount of compensation awarded by the learned Motor Accidents Claims Tribunal, Sawaimadhopur, in respect of an accident that took place on 10.11.1995, due to negligent and rash driving of the bus No. RNP 1761 by the respondent No. 1 and owned by the respondent No. 2. The vehicle in question was insured with the respondent No. 3. In this accident one Ramdhan, who was the son of the claimants -appellants, died. It is alleged that the deceased was only 121/2 years old and was a student of Class V. The learned Tribunal has awarded a compensation of Rs. 78,000 for the death of the deceased. Since the deceased was a boy of about 13 years of age and was a student of Class V, the multiplier method for determination of the compensation may not be attracted. Therefore, the lump sum method has to be adopted. The learned Tribunal, on the basis of lump sum method, has awarded Rs. 78,000 only.

(2.) IN case of death of a young boy in the accident, the observations of Hon'ble Supreme Court made in the case of Concord of India Insurance Co. Ltd. v. Nirmala Devi, 1980 ACJ 55 (SC), that 'the determination of the quantum must be liberal, not niggardly since the law values life and limb in a free country in generous scales', should not be lost sight of. In the case of Haji Zainullah Khan v. Nagar Maha -palika, Allahabad, 1994 ACJ 993 (SC), Hon'ble Supreme Court has awarded a sum of Rs. 1,50,000 as compensation, in the case of death of a 20 -year old student of B.Sc. 1st year, who was hit by a truck.

(3.) LEARNED Tribunal has not awarded any interest on the amount of compensation awarded. In my opinion, the claimants -appellants are entitled to an interest on the amount of compensation, from the date of filing of the claim petition till the date of payment of the compensation. In my opinion, in the present case in hand, interest at the rate of 12 per cent per annum would meet the ends of justice.