IMPORTANT POINT
The court established that compensation for a deceased child must consider notional income and emotional loss, applying relevant legal precedents for fair assessment.

JUDGMENT :

Mrs. Archana Puri, J.: The present appeal has been filed by the appellant-claimant, thereby questioning the adequacy of the compensation granted by Motor Accident Claims Tribunal, on account of death of Rekha, 9 year old child, in a motor vehicular accident, which took place on 15.01.2007.

2. So far as, the factum of accident and manner of taking place of the same as well as the liability fastened upon the respondents is concerned, none of the respondents, who have been made liable, have filed any appeal to question the role assigned to them.

3. In the given circumstances, proceeding further, at the very outset, it is pertinent to mention that the accident had taken place on 15.01.2007, as a result whereof, Rekha was run over by the bus. She was taken to General Hospital, where she was declared ‘brought dead’. The mother of deceased Rekha had filed the claim petition for seeking compensation to the extent of Rs.10 lakh.

4. Learned Tribunal had appropriately considered the deceased to be 9 year old, at the time of accident. Considering the same, lumpsum amount of Rs.1,50,000/- had been awarded by learned Tribunal. Besides the same, Rs.20,000/- had been awarded towards ‘transportation and last rites’. In total, the compensation awarded was Rs.1,70,000/-. However, the compensation, so awarded, do call for re-determination, as per prevalent law.

5. It is pertinent to mention that Shanti Devi @ Sham Lal, in her affidavit Ex.PW2/A, had categorically stated that Rekha had been very brilliant student and she was studying in 3rd class, at the relevant time.

6. At the very outset, keeping in view the deceased to be brilliant child, beneficial reference is made to ‘Kishan Gopal and another v/s Lala and others, 2013(4) RCR (Civil) 276’, wherein while considering the death of a child, aged 10 years, the notional income of the deceased was taken as Rs.30,000/- and after application of multiplier of ‘15’ and the compensation was worked upon as Rs.4,50,000/-. Besides the same, a sum of Rs.50,000/- was granted towards love, affection, funeral expenses and last rites. The accident in the case under consideration, related to the year 1992.

7. Furthermore, the Hon’ble Supreme Court in case titled ‘Kurvan Ansari alias Kurvan Ali and another v/s Shyam Kishore Murmu and another, 2022 (1) RCR (Civil) 165’, while considering the case of death of 7 years old child, in a motor vehicular accident and also while making specific observation about the government not paying any heed to amend Schedule- II, had also placed reliance upon ‘R.K.Malik and another vs. Kiran Pal and others, 2009(3) RCR (Civil) 403’ and Kishan Gopal’s case (supra) and therein, concluded about the case (under consideration), to be a fit case to increase the notional income, while taking into account, inflation, devaluation of rupee and cost of living. Considering the same, the Hon’ble Court, took the notional income of the deceased child as Rs.25,000/- per annum and applied multiplier of ‘15’ as prescribed in Schedule-II and worked upon the amount as Rs.3,75000/-, towards the loss of dependency. Besides the same, Rs.40,000/- each was given to the claimants, who were two in number, towards filial consortium and Rs.15,000/- was given towards funeral expenses. The total compensation was worked upon as Rs.4,70,000/-.

8. Also, beneficial reference is made to ‘Meena Devi v/s Nunu Chand Mahto @ Nemchand Mahto and others, 2022(4) RCR (Civil) 553’, wherein, while relying upon the observations made in R.K. Malik’s case (supra) and Krishan Gopal’s case (supra), and also taking into consideration, the guidelines laid down in Smt.Sarla Verma vs. Delhi Transport Corporation and anr., 2009(3) RCR (Civil) 77, the Hon’ble Supreme Court, while considering the death of 12 year old, in a motor vehicular accident, took the notional earnings as Rs.30,000/- inclusive of future prospects and applied the multiplier of ‘15’. The loss of dependency was worked upon to be Rs.4,50,000/- and further addition of