Post deletion of the Second Schedule, compensation for child victims of accidents must be based on Minimum Wages and include future prospects and proper deductions for personal expenses.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Appellants/parents of the child, Harsh Sharma, aged about 14 years 10 months, who died in the road accident on 28.09.2017, to seek enhancement of compensation in the sum of Rs.10,20,000/- along with interest @ 6% per annum, granted vide Award dated 26.05.2022.

2. Briefly stated, on 28.09.2017 at about 11:15 p.m. Sh. Satyendra along with his friend, Ajay was going on a Scooty, while Chanden with Harsh as the pillion rider, was driving the Motorcycle to Chattarpur Temple, Delhi. As they climbed down from Naraina Flyover, the Motorcycle driven by Chanden slightly hit another Motorcycle, and lost its balance and fell. At this point, the Offending Truck bearing No.RJ-52GA-2449 being driven by Respondent No.1 in a rash and negligent manner, came from behind and hit Harsh Sharma/pillion rider on the Motorcycle causing him injuries. Subsequently, Harsh Sharma (hereinafter referred to as “deceased”) was taken to DDU Hospital where he was declared “Brought Dead.”

3. The FIR No.219/17 under Section 279/304-A of the Indian Penal Code, 1860 was registered at Police Station Naraina. Subsequently, Detailed Accident Report was filed by the Investigating Officer, which was treated as the Claim Petition for determination of Compensation.

4. After trial, the learned Tribunal granted a compensation in the sum of Rs.10,20,000/- along with interest @ 6% per annum to the Claimants on account of fatal injuries suffered by their son/Harsh Sharma.

5. The main ground for seeking enhancement of Compensation is that the child was in Class 11th and was a Matriculate and therefore, the compensation should have been calculated by taking the Minimum Wages of a Matriculate.

6. Learned counsel on behalf of Insurance Company, however, has submitted that the child was below 15 years and, therefore, the calculation of compensation has been done correctly and the Award does not warrant any interference.

7. Submissions heard and record perused Loss of Dependancy:-

Assessment of Notional Income:-

8. The Appellant/Claimants have challenged the calculation of Loss of Income of the deceased which has been determined on the basis of the “inflation correction method/formula” by taking the Notional Income of the deceased as per the Second Schedule of the MV Act, 1988, as prescribed in the case of Chetan Malhotra vs. Lala Ram , MAC. APP. No. 554/2010 decided on 13.05.2016.

9. The core issue herein is what should be the principle for determination of Loss of Income in case of demise of the child in a road accident.

10. In the landmark judgment of R.K. Malik vs. Kiran Pal , (2009) 14 SCC 1 , the Apex Court, while considering the Claims arising on account of demise of 29 children in a road accident in November 1997, succinctly observed that in motor accident cases, the goal is to return the dependents or claimants to the pre-accident state. The Apex Court deemed it appropriate to refer to the notional income mentioned in the Second Schedule, to determine the pecuniary loss of the claimants/dependants.

11. Thus, tradi