IMPORTANT POINT
The court established that compensation for the death of a minor must reflect notional income and apply appropriate multipliers based on established precedents.

JUDGMENT :

Nupur Bhati, J.

1. Nobody was present on 18.10.2024 on behalf of appellants/claimants even in second round, however, the matter was adjourned to 23.10.2024. It was also directed that in case nobody appears for the appellants, the matter shall be dismissed for non-prosecution.

2. Today also, nobody is present on behalf of appellants/claimants. In the interest of justice, this Court perused the material available on record.

3. The instant misc. appeal, seeking enhancement, has been preferred by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter as ‘the Act’) against the judgment and award dated 09.03.2016 (hereinafter as ‘the impugned award’) passed by learned Judge, Motor Accident Claims Tribunal, Nagaur (hereinafter as ’the learned Tribunal’) in MAC Case No.122/2012 (CIS No.179/2014) (filed under Section 163A of the Act), whereby the learned tribunal has awarded Rs. 2,00,000/- along with interest @7.5% (from the date of filing of the claim petition i.e., 24.09.2012 to the appellants/claimants and held the respondents/non-claimants jointly and severally liable to pay the said compensation.

4. Briefly stated the facts of the case are that on 29.10.2011 at about 04:00 in the evening, deceased Nitin (6 years old at the time of the accident) while gone to his maternal grandparents’ home i.e. at Lalawas, and while he was standing on Khinvsar-Jodhpur Road near Shri Krishna Bhojnalaya, the non-claimant No.1 i.e. driver of offending Truck bearing registration number RSQ-1213 while plying his truck rashly and negligently hit Nitin @ Rampal, as a result of which he died. The FIR was lodged before the Police Station Khinvsar, Nagaur and after investigation, a charge sheet was filed against Respondent nos. 1 and 2-owner-driver. Subsequently, the appellants/claimants filed the claim petition- MAC Case No.122/2012 (C.I.S. No.179/2014) under Section 163A of the Act before the learned tribunal, seeking compensation on account of the death of the deceased child to tune of Rs.7,21,000/-. The respondent nos.1 and 2 and 3 filed reply to the claim petition before the learned tribunal while refuting the claim laid by the claimants.

5. On the basis of the pleadings of the parties learned tribunal framed four issues. The appellants/claimants examined AW.1 Samu witnesses and produced some documentary evidences whereas the respondents did not examine any witness, however, produced documentary evidence before the learned Tribunal. After hearing the parties and on the basis of the material available on record the leaned tribunal partly allowed the MAC case no. 122/2012 (C.I.S. No.179/2014) vide the impugned award and awarded Rs.2,00,000/- along with interest @7.5% (from the date of the filing of the claim petition i.e., 24.09.2012 as compensation to the appellants/claimants and held respondents jointly and severally liable to pay the said compensation.

6. Aggrieved by the impugned award the instant misc. appeal has been preferred by the appellants/claimants.

7. In the claimant petition, it is stated that the learned tribunal has erred in awarding such meager compensation on account of the death of the deceased child, who was six years of age at the time of accident.

8. Per contra, learned counsel for the respondents No.1 and 2 supported the award passed by the learned Tribunal and submits the same calls for no interference by this Court. None is present on behalf of respondent No.3.

9. Heard the counsels appearing on behalf of the respondents No.1 and 2 and perused the material available on record.

10. This court finds that the learned tribunal has awarded the lump-sum amount of Rs.2,00,000/- as compensation to the appellants/claimants. However, this court finds that the Hon’ble Supreme Court in Kishan Gopal and Ors. Vs. Lala and Ors. [(2014) 1 SCC 244], where the age of the deceased child was 10 years has taken the notional income of the deceased child as Rs. 30,000/- p.a. looking to the facts and circumstances. Furth