The court established that compensation for a minor's death in an accident should reflect notional income and appropriate multipliers, enhancing the award from Rs.2,25,000 to Rs.5,65,000.

ORDER :

(NUPUR BHATI, J.)

1. Despite service of notice upon owner and driver, nobody has put in appearance for them.

2. The present Civil Misc. Appeal has been filed against the Judgment and Award dated 22.07.2016 passed by learned Motor Accident Claim Tribunal, Merta in MACT Case No.240/2013 (18/13) CIS No.389/2014 titled as ‘Smt. Narayani @ Narani & Anr. Vs. Bhanwar lal & Anr.’, whereby, the Tribunal has awarded a meager compensation in the tune of Rs.2,25,000/-

3. Brief facts leading to filing of the instant appeal are that the deceased, Shravan Ram, died in a road accident. It was alleged that the deceased was traveling from Degana to Panapura after selling grain. Near Bachanaram’s field in Village Dotina, the front wheel of Tractor No. RJ-21-RD-6882 got stuck with a nail-like object. The driver of the tractor asked Shravan Ram to remove it. As soon as Shravan Ram reached near the front wheel, the driver, Bhanwarlal, negligently and recklessly started the vehicle, causing the spindle to break, which led to the vehicle overturning. As a result, Shravan Ram was crushed under the tractor and sustained severe injuries. He succumbed to his injuries while undergoing treatment at Ajmer Hospital. The claimants filed the claim petition, seeking a total compensation of ₹25,66,000 under various heads. Upon the filing of the claim petition, notices were issued to the respondents. Ex parte proceedings were initiated against respondents No. 1 and 2 on 18.09.2014 due to their non- appearance. Respondent No. 3 - Insurance Company denied the averments of the claim petition, contending that Shravan Ram’s death did not occur due to a vehicular accident. It was also alleged that the First Information Report (FIR) was lodged with undue delay and that the deceased had died in an unrelated incident. The insurance company further asserted that the vehicle was insured only for agricultural purposes, but at the time of the accident, it was being used for commercial purposes. Additionally, the deceased was traveling as a passenger on the tractor, which is not permissible, as the tractor is designed for only one person. Therefore, the deceased was an unauthorized passenger, and the insurance company is not liable for compensation.

4. After hearing the parties, learned Tribunal below has framed as many as three issues and awarded a sum of Rs.2,25,000/- in favour of the appellants/claimants while holding the respondent Nos.1 & 2 jointly and severally liable.

2. Since there is no dispute as to the facts of the case the learned counsel appearing on behalf of the appellants/claimants has restricted his submissions only to the quantum of the compensation awarded by the learned tribunal. Learned counsel for the appellants submits that the deceased child who has succumbed to the injuries, was 13 years old and the learned Tribunal has erred in awarding a meager amount of Rs.2,25,000/- as compensation.

5. Per contra, learned counsel for the respondent-Insurance Company opposes and submits that the award passed by the learned Tribunal is just and calls for no interference by this Court.

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

7. This Court finds that the learned Tribunal has awarded the lump-sum amount of Rs.2,25,000/- 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