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DELHI HIGH COURT
Sanjiv Khanna, J.
R.K. MALIK AND OTHERS - Appellant
Vs.
KIRAN PAL AND OTHERS - Respondent
MACT No's. 194-97, 199-210, 213-15, 217, 220-22, 228-29, 231-34, 742-43 of 2005
Decided on : 17-05-2006
Compensation - Motor Accident Claims Act - Sections 166, 168
Fact of the Case:
The appellants were parents who lost their daughter in a school bus accident. The tribunal found the accident to be due to the negligence of the bus driver and held the respondents liable to pay compensation. The tribunal awarded compensation based on the age of the deceased and the notional income of the deceased.
Finding of the Court:
The court found that the compensation awarded by the tribunal was inadequate and enhanced the compensation based on future prospects, personal expenses deduction, pain and suffering, loss of books, and interest rate.
Issues: The main contention was the adequacy of the compensation awarded by the tribunal.
Ratio Decidendi: The court applied the multiplier method for calculating pecuniary loss and emphasized the need for just compensation. It also awarded non-pecuniary compensation for pain and suffering, loss of company, companionship, and loss of expectation of life.
Final Decision: The court enhanced the compensation and awarded interest at a higher rate from the date of filing of the claim petition till payment.
JUDGMENT :
Sanjiv Khanna, J.—By this common order, I shall be disposing of 22 appeals, the details and particulars of which have been given below:
| S.No. | Appeal Number | Name of the Deceased | Age | Claimant relationship with the Deceased | Date of filing the Claim | Date of the Decision | Amount awarded as Pecuniary Damages (Loss of Dependency |
| 1. | MACA 205-206/05 | Manju Yadav | 16 | Parents | 11-3-98 | 22-11-04 | 1,65,000 |
| 2. | MACA 196/05 | Pallavi Thakur | 13 | Parents | 17-3-98 | 22-11-04 | 1,55,000 |
| 3 | MACA 742-743/05 | Rahul Sharma | 8 | Parents | 17-4-98 | 22-11-04 | 1,30,000 |
| 4 | MACA 195/05 | Kumari Anu | 7 | Parents | 29-5-98 | 22-11-04 | 1,30,000 |
| 5 | MACA 228-229/05 | Neeraj Kumar | 12 | Parents | 23-3-98 | 22-11-04 | 1,55,000 |
| 6 | MACA 213/05 | Parul | 6 ½ | Parents | 11-3-98 | 22-11-04 | 1,30,000 |
| 7 | MACA 207-208/05 | Krishna Gopal yadav | 11 | Parents | 17-3-98 | 22-11-04 | 1,55,000 |
| 8 | MACA 221/05 | Rushnika | 7 | Parents | 17-3-98 | 22-11-04 | 1,30,000 |
| 9 | MACA 220/05 | Vishrat Kahol | 11-15 | Parents | 24-2-99 | 6-12-04 | 1,55,000 |
| 10 | MACA 231-232/05 | Kumari Navneet Singh | 11-15 | Parents | 1-4-98 | -do- | 1,55,000 |
| 11 | MACA 215/05 | Mayur Rathi | 9 | Grand Parents | 9-4-98 | -do- | 1,05,000 |
| 12 | MACA 197/05 | Renu Sharma | 17 | Parents | 1-4-98 | -do- | 1,65,000 |
| 13 | MACA 199/05 | Asha Pal | 11-15 | Parents | 22-4-98 | -do- | 1,55,000 |
| 14 | MACA 214/05 | Manoj Kumar | 11-15 | Parents | 1-4-98 | -do- | 1,55,000 |
| 15 | MACA 209-210/05 | Puneet Jain | 81/2 | Parents | 23-3-98 | -do- | 1,30,000 |
| 16 | MACA 194/05 | Ritu Malik | 16 | Parents | 6-5-98 | -do- | 1,65,000 |
| 17 | MACA 203-204/05 | Harish | 11 | Parents | 20-4-98 | 8-11-04 | 1,56,000 |
| 18 | MACA 217/05 | Jatish | 7 | Parents | 20-4-98 | -do- | 1,31,000 |
| 19 | MACA 222/05 | Preeti Srivastava | 15 | Father (Now Dead so through Brother) | 2-4-98 | -do- | 1,56,000 |
| 20 | MACA 201-202/05 | Monika Sharma | 13 | Parents | 3-4-98 |
| 1,56,000 |
| 21 | MACA 233-234/05 | Sonal | 10 | Parents | 8-5-98 |
| 1,56,000 |
| 22 | MACA 200/05 | Neeru Yadav | 16 | Mother | 8-5-98 |
| 1,66,000 |
No compensation under the head of non-pecuniary damages has been paid to any of the appellants.
2. For the purpose of the present order, MAC Appeal No. 194/2005 titled R.K.Malik and Anr. v. Kiran Pal and Ors is treated as the lead case. Arguments were addressed by the learned Counsel for the parties in this case. I was informed that the facts, questions and issues raised in the other cases are similar.
3. The appellants/claimants are parents, who lost their daughter, Ms. Ritu Malik, aged 16 years on 18.11.1997 when the school bus she and other school children was traveling fell down in the Yamuna river. She was a student of class 11. Ms. Ritu Malik and other children mentioned above expired in the said accident. The bus was being driven by Mr. KiranPal, the respondent no.1 and was owned by Mr. Hari Krishnan, the respondent n
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