2013 Supreme(Raj) 812
RAJASTHAN HIGH COURT
Arun Bhansali, J.
Bhagwan Ram & Ors. - Appellant
Versus
Deen Dayal & Ors. - Respondent
S.B. Civil Misc. Appeal No. 218 of 1997.
Decided On : 13-02-2013
For the Appellants:Arpit Bhoot, Advocate.
For the Respondents:Manoj Bohara, Advocate.
Certified copies of public documents, such as the challan, First Information Report, Naksha Mauka, Halat Mauka, and Postmortem Report, are admissible in evidence even in the absence of the statements of the eye witnesses or the police personnel who had prepared them.
Headnote:
MOTOR VEHICLES ACT, 1988 - SECTION 163A, 173 - ROAD ACCIDENT - COMPENSATION - ENHANCEMENT - CHILD DEATH - PRINCIPLES - COURT ANALYSIS AND CONCLUSION - DOCUMENTS AS EVIDENCE - RES IPSA LOQUITUR - NEGLIGENCE - FUTURE INCOME - UNCERTAINTIES - SECOND SCHEDULE - NO INCOME PRIOR TO ACCIDENT - NOTIONAL INCOME - MULTIPLIER - PERSONAL EXPENSES - INTEREST.
Fact of the Case:
A five-year-old boy, Surendra, was killed when he was hit by a bus while walking to school. The boy's parents filed a claim petition before the Motor Accident Claims Tribunal, which awarded them Rs. 1,01,500/- as compensation. The owner and driver of the bus appealed the award, arguing that the finding of rash and negligent driving was incorrect and that the claimants were only entitled to a claim under Section 140 of the Motor Vehicles Act, 1988. The claimants filed a cross-objection, seeking enhancement of the compensation.
Finding of the Court:
The court held that the finding of rash and negligent driving by the Tribunal was justified based on the certified copies of the documents prepared by the Police at the spot of the accident, including the challan, First Information Report, Naksha Mauka, Halat Mauka, and Postmortem Report. The court also held that the claimants were entitled to compensation under Section 163A of the Act, as the deceased had no income prior to the accident. The court enhanced the compensation awarded by the Tribunal to Rs. 1,50,000/- for the loss of income on account of the death of Surendra, with interest @ 71/2% per annum from the date of filing the claim petition.
Issues: 1. Whether the finding of rash and negligent driving by the Tribunal was justified. 2. Whether the claimants were entitled to compensation under Section 163A of the Motor Vehicles Act, 1988. 3. Whether the compensation awarded by the Tribunal was adequate.
Ratio Decidendi: 1. The court held that the finding of rash and negligent driving by the Tribunal was justified based on the certified copies of the documents prepared by the Police at the spot of the accident, including the challan, First Information Report, Naksha Mauka, Halat Mauka, and Postmortem Report. The court held that the said documents were admissible in evidence even in the absence of the statements of the eye witnesses or the police personnel who had prepared them, as they were certified copies of public documents. 2. The court held that the claimants were entitled to compensation under Section 163A of the Act, as the deceased had no income prior to the accident. The court held that the notional income for compensation to those who had no income prior to the accident had been indicted at Rs. 1500/- per annum and upto the age of 15 years a multiplier of 15 had been indicated. 3. The court held that the compensation awarded by the Tribunal was inadequate and enhanced it to Rs. 1,50,000/- for the loss of income on account of the death of Surendra, with interest @ 71/2% per annum from the date of filing the claim petition.
Final Decision: The appeal was dismissed and the cross-objection was allowed. The judgment and award passed by the Tribunal was modified to the extent that the claimants-respondents would be entitled to a sum of Rs. 1,50,000/- for the loss of income on account of death of Surendra instead of Rs. 96,000/- as awarded by the Tribunal. The claimants would be entitled to interest @ 71/2% per annum on the enhanced amount of compensation Rs. 54,000/- from 27.01.1994, the date of filing claim petition.