The main legal point established in the judgment is the need to enhance notional income for the assessment of compensation in cases of the death of a minor child in motor accidents, based on the increased cost of living and inflation.

JUDGMENT

Jaishree Thakur, J. - CM No. 5077 CII of 2015

For the reasons stated in the application, which is supported by an affidavit, the delay of 31 days in filing the appeal is condoned.

The application stands disposed of.

FAO 1730 of 2015

1. This appeal seeks to challenge the award dated 14.3.2013 passed by the Motor Accident Claims Tribunal, Kaithal, wherein the appellants herein have been allowed compensation of Rs. 2,80,000/- on account of death of their son Ketan alias Rajan Ketan.

2. In brief, the facts are that on 6.9.2011, the deceased was going to fetch medicines for himself on a motorcycle, which was being driven by his cousin Sachin. When they reached near Amit Kiryana Store, a tractor bearing registration No. PB-3D-6122 being driven by respondent No.1 in a rash and negligent manner hit them. As a result of which, Rajan Ketan received multiple serious and grievous injuries on various parts of his body. After causing the accident, the driver of the offending vehicle fled away from the spot. Unfortunately, on 14.9.2019 Rajan Ketan succumbed to the injuries suffered by him. The matter was reported to the police vide FIR No. 134 dated 15.9.2019 registered under Sections 279, 304-A of Indian Penal Code. Thereafter, claimants claimed compensation to the tune of Rs. 10 lacs with interest @ 18% per annum.

3. The claim petition was contested by the respondents, inter-alia, taking preliminary objections that the claim petition was not maintainable, no cause of action has arisen in favour of the claimants etc. On completion of the pleadings, issues were framed and thereafter evidence was led by the parties.

4. After scrutiny of the evidence brought on record, the Tribunal held that the accident was a result of rash and negligent driving of respondent No.1 and on assessment of the facts and evidence before it allowed compensation of Rs. 2,80,000/- which has been now challenged in the instant appeal.

5. Learned counsel appearing on behalf of the appellants argues that the Tribunal has erred in awarding inadequate compensation on account of death of Ketan Kumar, who was 18 years old, while further contending that the Supreme Court in Kishan Gopal and another vs. Lala and others, (2013) 4 RCR(Civil) 276 had assessed the notional income of a 10 years old child to be Rs. 30,000/- per annum in respect of an accident which took place in the year 1992, which itself would enhance the compensation to be paid.

6. Per contra, learned counsel appearing on behalf of respondent No.4-Insurance Company urged that there is no infirmity in the award so passed and the compensation of Rs. 2,80,000/- has rightly been assessed.

7. I have heard learned counsel for the parties and have also gone through the case law regarding quantum of compensation to be assessed on the death of a minor child.

8. In the case of Lata Wadhwa and others vs. State of Bihar and others, (2001) 4 RCR(Civil) 673 , the Supreme Court had observed that the income of a tender child could not be assessed based on any mathematical computation. In that particular case, compensation for the death of a minor in the age group of 11-15 years was assessed at Rs. 3,60,000/- with an additional sum of Rs. 50,000/- under the conventional heads by taking the computation to be Rs. 24,000/- per annum with the multiplier of 15. In a subsequent case reported as Kishan Gopal and another vs. Lala and others, (2013) 4 RCR(Civil) 276 , the notional income of the child was taken to be Rs. 30,000/- and a multiplier of 15 was applied, which compensation was assessed at Rs. 4,50,000/- and another additional sum of Rs. 50,000/- was awarded under conventional heads i.e. loss of love and affection/funeral expenses and last rites etc. In the case of Lata Wadhwa and others (supra) the accident pertained to the year 1989 whereas, in the case of Kishan Gopal and another (supra) the accident was of the year 1992. In the case of Lata Wadhwa and others (supra), which was one of the foremost cases pertaining to as