PATASI (SMT.) AND ANOTHER Vs. GOVERDHAN AND ANOTHER

JUDGEMENT

(1.) This appeal has been preferred against the award dated 14th February, 2005, passed by the Motor Accident Claims Tribunal, Kotputali in Claim Petition No. 503/2003 whereby a sum of Rs. 1,25,000/- has been paid as compensation on account of death of a body aged 10 years in a vehicular accident on the ground that the award passed by the Tribunal is not justified as this Court in number of appeals has awarded a sum of Rs. 2,25,000/- as compensation to the claimants parents wherein the deceased is in between the age group of 10 to 15 years.

(2.) Heard learned Counsel for the parties and perused the record.

(3.) The argument projected by learned Counsel for the appellants is based on the judgment of this Court which is not denied by learned Counsel for the respondents. While dealing with number of appeals where the victim children were of age group of 1 to 5, 5 to 10 and 10, 15 years, this Court considering the judgment delivered by the Supreme Court in the case title Lata Wadhwa and others v. State of Bihar and others, reported in 2001 A.C.J. 1735 : 2002 (1) T.A.C. 138 and relying upon the judgment delivered by the Supreme Court in case title New India Assurance Co. Ltd. v. Satender and Ors., reported in 2007 (1) T.A.C. 11 (S.C.) and case title State of Haryana and Anr. v. Jasbir Kaur and Ors., 2003 (7) S.C.C. 484 : 2003 (3) T.A.C. 569 has determined the just compensation. In case title Manju Devi and another v. Musafir Paswan and another, 2005 (1) T.A.C. 609 , while determining compensation on account of death of a 13 years old child, the Supreme Court considered the judgment delivered in case title U.P. State Road Transport Corporation v. Trilok Chandra, reported in 1996 A.C.J. 831 : 1996 (2) T.A.C. 286 and applied the Multiplier of 15 as per II Schedule annexed with the Motor Vehicles Act, 1988, taking notional income of Rs. 15,000/- being a non-earning person aijd awarded compensation of Rs. 2,25,000/- observing as under :