The main legal point established in the judgment is the assessment of compensation for non-earning persons under the second schedule of the Motor Vehicles Act.

Vijender Singh Malik, J. - This is an appeal brought by the claimants, the parents of the deceased Amarjeet for enhancement of compensation awarded to them on the death of said Amarjeet, in a sum of Rs.2,50,000/-by learned Motor Accidents Claims Tribunal, Bhiwani (for short 'Tribunal') vide award dated 13.04.2010. The claim petition brought by the appellants under the provisions of section 163-A of Motor Vehicles Act, 1988 (for short 'the Act'), is as under:-

On 07.10.2007 Amarjeet alongwith his father Dilbag was going to Charkhi Dadri in a maruti car bearing registration no.HR-19C-2254. It was driven by respondent no.1, who is cousin brother of the deceased. At about 7.00 AM when the car reached ahead of village Samaspur, a jeep coming from the side of Dadri had hit the car. The car consequently turned turtle and the occupants received injuries. The driver of the jeep escaped. Amarjeet died on the way to the hospital. Amarjeet was 15 years old and he had passed his middle standard examination in February 2006 and was a brilliant student. His monthly income was Rs.2500/-as he was assisting his father in agricultural work. Compensation in a sum of Rs.10,00,000/-has been sought by way of this claim petition.

Respondent no.1 , the driver-cum-owner of the maruti car has claimed the petition to be based on false averments. According to him, Amarjeet did not suffer any injury on account of the negligence on his part. He has claimed that the vehicle was hit by a jeep and so the claim petition was not maintainable against him.

Respondent no.2 , National Insurance Company has also denied the accident to have occurred on account of rash and negligent driving of the car. According to it, the accident occurred due to rash and negligent driving of the jeep and provisions of section 166 of the Act were applicable while petition under section 163-A of the Act was not maintainable. The plea of mis-joinder and non-joinder of parties has been taken. It is also claimed that the vehicle was being driven in violation of the terms and conditions of the insurance policy as the person driving the same had a fake and forged licence.

2. On the pleadings of the parties, the following issues were framed by learned Tribunal:-

“1 Whether Amarjeet died during the use of Maruti car bearing registration no.HR-19C-2254 being driven by respondent no.1 as alleged ?OPP

2 If issue no.1 is proved, whether claimants are entitled for compensation, if so, to what amount and from whom ?OPP

3 Whether petitioner is vague, indefinite, not filed in accordance with provisions of law and is not maintainable? OPR

4 Whether the petitioner are estopped by their own act and conducted from filing the present petition ?OPR

5 Whether the petition is bad for non-joinder and mis joinder of necessary parties? OPR

6 Whether petitioners have no locus standi to file the present petition? OPR

7 Whether the claim petition is result of collusion in between claimants and respondent no.1?OPR2

8 Whether respondent no.1 was not having a valid driving licence and vehicle in question was being driven in violation of terms and conditions of insurance policy at the time of accident ?OPR-2

9 Relief”

3. Taking evidence of the parties and hearing learned counsel representing them, learned Tribunal has made the impugned award.

4. Feeling dis-satisfied with the awarded amount, the claimants have brought this appeal for enhancement of the same.

5. I have heard Shri Sumit Sangwan, learned counsel for the appellants and Mr. Sanjiv Pabbi, learned counsel for the insurance company and have gone through the record.

6. Learned counsel for the appellants has submitted that learned Tribunal did not undertake to assess compensation by assessing the income of the deceased, finding dependency of the claimants and applying the multiplier system. According to him, a sum of Rs.2,50,000/-has been awarded as lump-sum compensation in favour of the claimants. He has submitted that in a decision of Hon'ble Delhi Hig