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2006 Supreme(All) 229
IN THE HIGH COURT OF ALLAHABAD
R. P. MISRA, SANJAY MISRA, J.
MOHAMMAD WASEEM - Appellant
Versus
IZRAUL HAQ - Respondents
F. A. F. O 766 Of 2005
Decided On : 01/24/2006
The main legal point established in the judgment is the application of the provisions contained in the second Schedule to section 163-A of the act and the multiplier of 15 for determining just compensation in cases of fatal accidents.
Headnote:
Compensation - Enhancement of Compensation - Quantum of Compensation
Fact of the Case:
A girl aged about seven years died in an accident, and her father, the claimant-appellant, sought compensation. The Tribunal awarded Rs. 70,000 as compensation, which the claimant-appellant appealed for enhancement.
Finding of the Court:
The court allowed the appeal and modified the order, awarding a sum of Rs. 2,25,000 as just compensation based on the provisions contained in the second Schedule to section 163-A of the act and the application of a multiplier of 15 for a person aged about 15 years.
Issues: The main issue was the determination of the quantum of compensation for the deceased girl, and whether the compensation awarded by the Tribunal was sufficient.
Ratio Decidendi: The court applied the provisions contained in the second Schedule to section 163-A of the act and the multiplier of 15 for a person aged about 15 years to determine the just compensation.
Final Decision: The appeal was allowed, and the order was modified to award a sum of Rs. 2,25,000 to the claimant within a specified period.
( 1 ) LEARNED counsel for the appellant is present and has made submission. None is present on behalf of the respondents despite notice to them.
( 2 ) IT has been submitted by the learned counsel for the appellant that a girl aged about seven years succumbed to death on account of the accident. The father of the deceased (claimant-appellant) is claiming compensation. The Tribunal has awarded a sum of Rs. 70,000 as compensation to the claimant-appellant. Now the appeal has been filed by the claimant-appellant for enhancement of compensation stating that compensation awarded by the Tribunal is very meagre. In support of his submission, learned counsel for the claimant-appellant relied upon the decision pronounced in the case of New India Assurance Co. Ltd. v. Anwar Ali, 2003 (3) TAC 12 (Allahabad), wherein on the death of a minor girl aged about 8 years, the Tribunal awarded compensation of Rs. 2,25,000 on the basis of notional income of the deceased which was taken to be Rs. 15,000 per annum and applied the multiplier of 15.
( 3 ) IN the present case, in determining the quantum of compensation, it is to be seen what amount of compensation is to be determined for the just decision of the case. According to the provisions contained in second Schedule to section 163-A of the act multiplier of 15 will apply. In view of the calculation on the basis of multiplier of 15 for the person aged about 15 years, amount of compensation was Rs. 2,25,000 as just compensation.
( 4 ) HAVING considered the entire facts and circumstances of the case, this appeal is allowed. The order is modified to the extent that in place of Rs. 70,000 as awarded by the Tribunal, a sum of Rs. 2,25,000 will be paid to the claimant within a period of two months from the date a certified copy of this order is presented before it. Appeal allowed.
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