The court established that compensation for a deceased minor should be based on notional income and applicable multipliers, ensuring just compensation reflecting loss of dependency.

ORDER :

(NUPUR BHATI, J.)

1. The present civil misc. appeal has been preferred by the appellants/claimants underSection 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the judgment and award dated 08.05.2014 passed by learned Judge, Motor Accident Claims Tribunal, Shahpura, District Bhilwara, (‘learned Tribunal’) in Claim Case No.552/2010 whereby the learned Tribunal partly allowed the claim petition filed by the claimants and awarded compensation of Rs.3,25,000/-, in favour of claimants along with interest @ 7 % p.a. while fastening the liability upon the respondents jointly and severally.

2. Brief facts of the case are that on 06.09.2010 at about 4:00 pm, Maina (deceased) was coming home, suddenly a motor cycle bearing Registration No.RJ-06-SA-1208, driven in a rash and negligent manner by the respondent No.2, hit Maina and as a result whereof, she died during her treatment. Her parents, being the claimants, filed a claim petition before the learned Tribunal. Notices were issued and respondents Nos.1,2 and 3, filed reply to the claim petition while denying the averments made in the claim petition. On the basis of the pleadings, the learned Tribunal framed four issues. Oral as well as documentary evidences were produced by the claimants in support of their claim petition and on the other hand one evidence was produced by the respondents and after hearing both the parties, the learned Tribunal partly allowed the claim petition of the claimants and held the respondents liable to pay the quantum of compensation in favour of the claimants and thus, being dissatisfied of the quantum, the appellants have preferred the instant misc. appeal.

3. Learned counsel for the appellant submits that the learned tribunal has erred in awarding meager amount of compensation to the deceased on account of her death is of 13 years of age. He submits that taking into consideration the judgment of Hon’ble Apex Court in the case of Oriental Insurance Co. Ltd VS. Zaharulnisha & Ors. (Civil Appeal No.3055/2008 ) direction of pay and recover may be ordered.

4. Learned counsel for the respondent-Insurance Company vehemently objects and submits that the learned tribunal has rightly passed the award.

5. I have heard and considered the submissions advanced at Bar and have gone through the material available on record.

6. This Court finds that the learned Tribunal has awarded the amount of Rs.3,25,000/- as quantum of compensation to the appellants/claimants. However, this court finds that the Hon’ble Supreme Court in the case of 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. Further, the Hon’ble Supreme Court in the case of Kurvan Ansari and Ors. Vs. Shyam Kishore Murmu and Ors. : [(2022) 1 SCC 317] , where the age of the deceased child was 7 years, has taken notional income of the deceased child as Rs. 25,000/- p.a. and after applying Multiplier of 15 granted total of Rs. 3,75,000/- under the head of ‘loss of dependency’ and also an amount of Rs. 40,000/- to each of the parents under the head of filial consortium and Rs.15,000/- under the head of funeral expenses. Furthermore, the Hon’ble Supreme Court in the case of Meena Devi Vs. Nunu Chand Mahto and Ors. : [(2023) 1 SCC 204], where the age of the deceased child was 12 years, has taken the notional income as Rs. 30,000/- p.a. including future prospect and applied Multiplier of 15 to arrive at the compensation awardable under the head of ‘loss of dependency’ and awarded Rs. 50,000/- under the conventional heads.

7. Thus, looking to the age of the deceased child (i.e., 13 years) and peculiar facts and circumstances of the present case and in the light of the above cited judgments, this court deems it appropriate to take the notional income of the deceased child as Rs.30,000/- p.a. Also, the applicable multiplier would be of 15 in t