Compensation for the death of a minor should appropriately reflect medical expenses and loss of companionship, following guidelines on calculating loss based on age and contribution.

JUDGMENT :

Aarti Sathe, J.

1. This Appeal challenges the judgment and award dated 11th December 2024 (hereinafter referred to as the ‘impugned judgment and award) passed by the Motor Accident Claims Tribunal, Mumbai (hereinafter referred to ‘MACT’) whereby the applicant (Respondent No. 1 herein) has been awarded an amount of Rs.35,92,000/- along with interest at the rate of 7.5% per annum from the date of filing of the MACT petition/application till its realization.

2. Brief facts of the case are as follows:-

i. Neil Pramanik Sable (hereinafter referred to as ‘deceased minor child’) son of Respondent No.1 met with an accident on 8^th November 2019 at about 1:40 pm when he was riding pillion on a motorcycle bearing no. MH-04- GL-4039 along with his father at a moderate speed with proper care and caution of the traffic. The motorcycle of the deceased was dashed from behind by a negligent and rash motor truck bearing no. NL- 03-A-8696 (hereinafter referred to as the ‘offending vehicle’) at Mauje near Ghodbandar Gaon, Varsova Naka, Mumbai- Ahmednagar Highway Road. Due to this unfortunate accident the deceased minor child and his father fell on the road and sustained serious injuries. The deceased minor child sustained fracture of right radius and right meta carpal, injury to right upper and lower limb, right forearm complete transaction of right radial rotary ligation of right rodinal of distal forearm and other multiple serious injuries. The deceased minor child was taken to Orbit Hospital for medical treatment and was admitted there from 8^th November 2019 to 12^th November 2019. Thereafter he was shifted to Infinity Medisurge Centre Speciality Hospital, Majiwada, Thane and admitted there, from 12^th November 2019. However, he succumbed to his serious injuries on 6^th January 2020 while undergoing medical treatment.

ii. A FIR was lodged in the year 2019 prior to the death of the deceased minor child at Kashimira Police Station District Thane.

iii. On 18^th February 2020 Respondent No.1 filed Petition No. MACP No. 564 of 2020 before the MACT claiming an amount of Rs. 30,00,000/- towards medical expenses and Rs. 40,00,000/- along with interest as compensation from the date of application till realisation.

iv. The impugned judgment and award was passed on the aforesaid MACP No. 564 of 2020 in favour of Respondent No. 1, awarding a sum of Rs. 35,92,000/-, inclusive of compensation amount granted under section 140 of the Motor Vehicles Act, 1988 on the basis of no-fault liability which was to be jointly and severally payable by the Appellant and Respondent no. 2 in the present appeal.

v. Further the impugned judgment and award also awarded interest at the rate of 7.5 % on the amount of compensation to Respondent No.1 from the date of registration of the claim application till realization of the said amount which was also to be paid jointly and severally by the Appellant and Respondent No. 2.

3. It is in the backdrop of the above facts that I proceed to decide the present appeal.

4. Heard learned counsel on behalf of the Appellant and Respondent. Learned counsel on behalf of the Appellant Ms. Kalpana Trividei along with Ms. Rajlaxmi Shettigar have submitted that the impugned judgment and award has been passed without appreciating the facts and law and the quantum of compensation which has been awarded by way of the aforesaid impugned judgment and award is excessive and arbitrary. They has further contended that the impugned judgment and award has erroneously assessed the notional income of the deceased minor child at Rs. 8,000/- per month, without any cogent proof of his actual earnings. It has been submitted that there was no docum