IMPORTANT POINT
Accident – Dependent of deceased – Deceased was aged 16 years – Only mother of the deceased is to be considered as dependent of the deceased.

B.S. WALIA, J.

1. Appeal has been filed by the mother, three sisters and father of deceased Gurmit Singh against award by the Motor Accident Claims Tribunal, Nawanshahar (hereinafter referred to as the Tribunal) of compensation of only Rs. 50,000/- on account of 'No Fault Liability' and Rs. 15,000/- for the services being rendered by the deceased, besides on account of the deceased being the only son of his parents. Out of the compensation awarded, Rs. 35,000/- was ordered to be paid to the mother-Nirmal Kaur and Rs. 10,000/- to each of the three sisters of the deceased while Rs. 10,000/- payable to minor sister Paramjit Kaur was ordered to be deposited in a Nationalized Bank to be withdrawn on her attaining majority. However, no amount was awarded to the father.

2. Deceased Gurmit Singh was 16 years old at the time of his death in an accident between Truck No. PAT-6436 and tractor trolley make DT-24 on 11.05.2009. Learned counsel for the appellants contended that the Tribunal failed to take into account that the deceased had appeared in Class-10 examination, was assisting his father in agricultural operations on the land owned by his father, besides, supplying milk to customers from the dairy owned by his father and in view thereof was helping his father in saving money to the extent of Rs. 5,000/- per month, consequentially, the compensation awarded was wholly inadequate. Besides, no amount whatsoever was awarded on account of conventional heads.

3. Reliance was placed upon the decision of Hon'ble the Supreme Court in Kishan Gopal and another versus Lala and others 2013 AIR SC (Civil) 2465 to contend that in a case involving death of a 10 year old child who was assisting his father in agricultural occupation, Hon’ble the Supreme Court by taking into account that had the deceased child been alive, he would have contributed substantially to his family by working hard, took notional income in said case at Rs. 30,000/- applied multiplier of 15, and by giving Rs. 50,000/- towards conventional heads awarded Rs. 5,00,000/- along with interest @ 9% per annum with effect from the date of filing of the application till date of payment. Relevant extract of the decision in Kishan Gopal's case (supra) is reproduced as under :

“In our considered view, the aforesaid legal principle laid down in Lata Wadhwa's case with all fours is applicable to the facts and circumstances of the case in hand having regard to the fact that the deceased was 10 years' old, who was assisting the appellants in their agricultural occupation which is an undisputed fact. We have also considered the fact that the rupee value has come down drastically from the year 1994, when the notional income of the non- earning member prior to the date of accident was fixed at Rs.15,000/-. Further, the deceased boy, had he been alive would have certainly contributed substantially to the family of the appellants by working hard. In view of the aforesaid reasons, it would be just and reasonable for us to take his notional income at Rs.30,000/- and further taking the young age of the parents, namely the mother who was about 36 years old, at the time of accident, by applying the legal principles laid down in the case of Sarla Verma v. Delhi Transport Corporation, the multiplier of 15 can be applied to the multiplicand. Thus, 30,000 x 15 = 4,50,000 and 50,000/- under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susamma Thomas, which is referred to in Lata Wadhwa's case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs.50,000/- under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants. The said amount will carry interest at the rate of 9% p.a. by applying the law laid down in the case of Municipa