Laxman Prasad Sharma & Anr. v. Manager, MPRTC

O R D E R

21.06.2012 Assailing the award dated 7.4.2005 passed by the learned Fourth Additional Motor Accident Claims Tribunal (FTC) Shivpuri in Claim Case No.98/2004 on the point of inadequacy of the compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 29.08.2003 and for the death of a child, namely, Sonu, aged about 15 years. The claimants have filed the claim petition under Section 166 of the Motor Vehicles Act, 1988. It is pleaded that the deceased child was a brilliant one and having a good career in future who died in the accident leaving all the family members, however an amount of Rs.11,15,000/- as compensation was prayed for.

The reply to the claim petition was filed and after recording the evidence, the Claims Tribunal awarded a total sum of Rs.1,02,000/- accepting the notional earning of Rs.15,000/- per annum after making necessary deductions and applying the multiplier on the age of mother and father. The Tribunal has also awarded some amount in 2 conventional heads i.e. funeral, loss of estate, love and affection by the impugned award.

As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellants by the Tribunal and none of those findings have been assailed at the instance of the respondents i.e. owner, driver or M.P.R.T.C. by filing the cross-appeal or the cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.

Shri Rajeev Upadhyay, learned counsel representing the appellants contends that due to death of deceased-child in the accident, the claimants lost a brilliant child to further pull on the name of family. However the compensation as awarded by the Claims Tribunal is without assessment of earning; the multiplier has also not been properly applied for; and the amount so awarded for loss of estate, future prospects of the deceased due to loss of earning is on lower side which deserves to be enhanced reasonably. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for.

On the other hand Shri S.S. Bansal, learned counsel representing the respondent /Insurance Company contends in support of the findings of the Claims Tribunal and submitted that the compensation as awarded by the impugned award appears to be just and reasonable, however, interference by this Court even on the point of enhancement of the compensation is not warranted.

After having heard learned counsel appearing for the parties and on perusal of the pleadings, evidence so adduced, the age and the brilliant career of the deceased child and the age of the claimants i.e. mother and father, the amount so awarded by the 3 Claims Tribunal appears to be unreasonable. In the case of R.K. Malik & another Vs. Kiran Pal & others [2009 (3) T.A.C. 1 (S.C), the Apex Court has awarded the compensation up to Rs. 2,25,000/- in a child death. In the facts and circumstances of this case, in the opinion of this Court, the amount of compensation as awarded by the Claims Tribunal is liable to be enhanced by Rs. 1,00,000/- in lump sum thereby making the total compensation Rs. 2,02,000/- which shall be payable along with the interest from the date of filing of the claim petition.

In view of the forgoing discussions, the appeal succeeds and is hereby allowed in part. The appellants are held entitled to receive the enhanced amount of Rs.1,00,000/- in addition to the amount of compensation already awarded by the Claims Tribunal. As the MPRTC has already been abolished, however, the liability of the MPRTC is required to be discharged by the Managing Director of the Corporation which is under control of the State Government. Thus, the amount of compensation be paid by the Managing Director along with the interest @ 7.5% per annum from the date of filing of claim petition till its realization. In the facts of the case, parties are directed to bear their own costs. J U D G E (J. K. Maheshwari)