Compensation for minor victims under the Motor Vehicles Act must reflect socio-economic loss, including filial consortium for bereaved parents, affirming the Act's intent to provide just relief.

JUDGMENT :

Biswaroop Chowdhury, J.

1.The respondent before this Court was a claimant in a motor accident claim case and the appellant before this court was the opposite party in the said case being MAC case no 68 of 2022 and is aggrieved by the Judgment and Award dated 19.08.2024 passed by the Learned Additional District Judge 3rd- Court Paschim Medinipur in MAC Case No – 68 of 2022.

2. The case of the claimants before the Learned Trial Court may be summed up thus;

On 22.11.2021 at about 06:10 pm deceased Rilamala Baske and her brother Akash Baske was returning home after the end of private tuition from Fulkusima by riding a bicycle through Jhargram Bankura pitch road and at about 06:10pm while they reached near the shop of Soukhin enterprise at that time one vehicle bearing NoWB23E/3911(Truck) was coming from Fulkusma side at a very high speed and driven in a rash and negligent manner without blowing horn suddenly dashed the bicycle of the victim with great force. As a result victim and her brother was thrown away from the bicycle. As a result of which both of them were seriously injured

3. Subsequently with the help of local people victim and her brother were immediately taken to Fulkusma Hospital and thereafter on account of serious condition the attending doctor of Fulkusma Hospital referred the victim to Raipur Hospital and after examination the attending doctor of Raipur Hospital declared her dead. Pursuant to the accident complaint was lodged before the Police authority and investigation was taken up and on completion of investigation charge sheet was submitted against driver of the offending vehicle.

4. The owner of the vehicle being respondent no3 and appellant contested the case by filing written statement. Thereafter issues were framed and evidence was adduced by the claimants/respondent no1 and 2. No evidence was adduced by the appellant insurance company.

5. Upon consideration of the evidence adduced and upon hearing the Learned Advocates for the parties the Learned Trial Court was pleased to dispose the claim case by observing and directing as follows;

‘Hence it is ORDERED that the instant case filed U/S. 166 of Motor Vehicles Act, 1988 is allowed ex-parte against the O.P No-1/owner and allowed on contest against O.P. No-2/Insurer United India Ins. Co. Ltd.

The petitioners do get an award of Rs. 8,66,000/-(Eight Lakhs Sixty Six Thousand Only) in total, out of which Rs. 8,26,000/- payable to petitioner No. 1. Kalpana Baskey and petitioner No. 2 Sunil Baskey do get a consortium amount of Rs. 40,000/- (Rupees Forty Thousand Only).

The amount of compensation, as awarded, shall carry a simple interest @ 5 % per annum from the date of filing of this amended claim application ie. 26.02.2024 till final realization of the entire amount.

The OP No-2/Insurer, is directed to pay the awarded amount to the Petitioners/claimants as mentioned above with interest within three months from the date of this order and the same to be defrayed without deduction of any TD S, whatsoever over the interest amount or the awarded amount after deposit of deficit court fees by the claimant before the tribunal, in default, the petitioners shall be at liberty to put this award in execution in accordance with law.

However, considering the entire aspects this court passes no order as to cost.’

6. The Appellant United India Insurance Company Ltd being aggrieved by the Judgment and Order dated 19-08-2024 passed by the Learned Trial Court has come up with this instant appeal.

7. The Judgment of the Learned Trial Court is assailed on ground that income of the victim ought not to be considered as Rs. 5,000/- per month. It is