The main legal point established is the application of the deceased's age, notional income, and the multiplier method in reassessing the compensation amount under the Motor Vehicles Act.

JUDGMENT

Tejinder Singh Dhindsa, J. (Oral) - This is claimants appeal seeking enhancement of compensation.

2. Briefly, it may be noticed that a claim petition under the Motor vehicles Act was filed before the Motor Accident Claims Tribunal, Jalandhar seeking compensation of an amount of Rs. 3,50,000/- on account of death of Deepak Sood in a motor vehicle accident that took place on 11.07.1986. Claimants were the parents and two brothers of the deceased. It was asserted in the claim petition that on 11.07.1986 while the deceased was proceeding on a bicycle, the offending bus bearing registration No. PBE-4121 belonging to Punjab Roadways Tarn Taran struck against Deepak Sood and on account of which he suffered fatal injuries and died on the spot. FIR No. 123, under Sections 279/337/304-A IPC was registered in Police Station Division No. 6, Jalandhar without any delay.

3. Claim petition having been contested, the following issues were framed by the Tribunal:

"1. Whether Deepak Sood died as a result of rash and negligent act of respondent No. 1 driving Bus No. PBE 4121? OPA

2. Whether the accident was due to the negligence of Deepak Sood, deceased? DPR

3. To what compensation, if any, the claimants are entitled? DPA

4. Relief."

4. Insofar as issue No. 1 is concerned, findings were returned in favour of the claimants and it was held that death of Deepak Sood occurred on account of injuries suffered in the accident dated 11.07.1986 involving the offending bus and on account of rash and negligent driving by the Driver, namely, Baldev Singh.

5. Insofar as compensation amount is concerned, the Tribunal vide award dated 07.09.1990 awarded a lump sum amount of Rs. 40,000/-in favour of the claimants. The liability to pay the compensation amount was fastened jointly and severally upon the respondents.

6. Since the only issue arisen in the instant appeal is with regard to quantum of compensation, I have heard counsel for the appellants as also Mr. TPS Chawla, learned DAG, Punjab representing the contesting respondent Nos.2 and 3.

7. It may be noticed that even though, respondent No. 1 was duly served but no representation was caused on his behalf and he was, accordingly, proceeded ex-parte vide order dated 27.07.2018 passed by this Court.

8. Learned counsel for the appellants has argued that the deceased was 17 years of age. The Tribunal has neither assessed the notional income nor applied the multiplier method while calculating the amount of compensation. It is argued that the compensation amount of Rs. 40,000/- awarded by the Tribunal is much on the lower side.

9. Per contra, learned State counsel has submitted that the deceased was a non-earning member and no evidence was produced with regard to any avocation/employment being pursued by the deceased. Further urged that it was the stand of the claimants themselves that the deceased was a student and as such, the Tribunal has taken a pragmatic view while assessing the amount of compensation and awarding amount of Rs. 40,000/-.

10. Having heard counsel for the parties at length and having perused the pleadings on record as also the records of the case, this Court is of the considered view that the compensation amount would have to be revisited and reassessed.

11. In the facts of the present case, the claimants/appellants in the claim petition had asserted the age of the deceased to be 17 years as on the date of accident. He was further stated to be a student of Class 12th. In support of such assertion, claimants had examined Ujagar Singh AW1, Class Teacher of the deceased and who deposed that Deepak Sood (deceased) was a student of Central School II, Jalnadhar Cantt and was an outstanding student and sportsman. Father of the deceased Dharam Pal while stepping into the witness box as AW3 has corroborated the version taken up in the claim petition i.e. the deceased to be a student of 12th