IMPORTANT POINT
The court modified the compensation for a minor's death, reassessing the notional income and applying a multiplier of 15, resulting in a total of Rs.4,90,000/- with interest.

JUDGMENT :

NUPUR BHATI, J.

1. These misc. appeals have been preferred by the appellants/claimants and the New India Assurance Company Ltd. under Section 173 of the M.V. Act, 1988 (‘Act’) assailing the validity of the judgment and award dated 06.02.2016 passed by learned Judge, Motor Accident Claims Cases, Barmer (‘Tribunal’) in MAC Case No. 449/2015 (396/2015), whereby the learned Tribunal while partly allowing the claim petition preferred by the claimants has awarded compensation in favour of claimants to the tune of Rs.5,00,000/- on account of death of claimants’ daughter, namely, Ms. Khushbu, along with interest @ 9% per annum from the date of filing the claim petition i.e. 04.02.2015. Both the non-claimants i.e. owner-cum-driver and insurance company have been held jointly and severally liable to pay the compensation quantified by the learned Tribunal.

2. The appellants/claimants, by way of filing CMA No. 2546/2016 have sought enhancement of the compensation awarded and the appellant- Insurance Company (non-claimant No. 2) has challenged the impugned judgment award.

3. Facts of the case are that the appellants/claimants filed claim petition under Section 166 of the Act claiming compensation to tune of Rs.8,43,000/- on account of death of their daughter, namely, Ms. Khushbu in the accident, which took place on 10.12.2014. In the claim petition, it was stated that it was on 10.12.2014 at about 11:30 am, while the deceased was plying outside her house situated at Jatiyon Ka Nayabas; at that time, an unnumbered Ford Model Eco-Sport Car, being driven by non-claimant No. 1 rashly and negligently, dashed against deceased Khushbu. As a result of which, Khushbu sustained injuries, she was immediately taken to hospital, where she was declared dead. In the claim petition, it was stated that at the time of accident, Ms. Khushbu was 7 years of age and was studying. The claimants thus filed claim petition praying for awarding compensation along with interest under various heads.

4. The claim petition was contested by the non-claimant No. 1 (owner-cum-driver) by filing reply to the claim petition. The non-claimant denied negligence on his part and it was stated that while the deceased was crossing the road, she dashed with the Car and thus there was not fault on his part. In the alternative, it was stated that at the time of accident, the offending vehicle was insured with non-claimant No. 2, therefore, the liability to pay compensation shall be of insurance company.

5. On behalf of non-claimant No. 2 i.e. insurance company, reply to claim petition was filed while denying the facts averred in the claim petition. It was stated that the deceased herself was negligent, inasmuch as she while crossing the road suddenly came in front of the car and thus there was contributory negligence on the part of deceased herself. An objection with respect to driver of the insured car not having valid and effective licence was also taken and the vehicle was being plied without there being valid permit and fitness. Thus, it was prayed that the claim petition qua the insurance company be rejected.

6. On the basis of pleadings of the parties, the learned Tribunal framed four issues including relief. In support of their claim petition, the claimants examined Pyari Devi (AW-1) and Babulal (AW-2). In documentary evidence, Ex.1 to Ex.12 were exhibited. In rebuttal, on behalf of non-claimant No. 2, Pankaj Meena (NAW-1) was examined.

7. At the conclusion of the trial, the learned Tribunal vide the impugned judgment and award dated 06.02.2015 partly allowed the claim petition and awarded compensation of Rs.5,00,000/- in favour of claimants.

8. The appeal preferred by the claimants was admitted by a Coordinate Bench of this Court on 22.02.2018 and the appeal preferred by the Insurance Company was admitted by a Coordinate Bench of this Court on 24.05.2016 and an interim order was also passed while directing the Insurance Company to deposit 70% along with interest of the amoun