1990 Supreme(MP) 34

R. K. Varma, J.
Ramsingh v. Sheikh Sikandar.
M. A. No. 100 of 1981 (I); Decided on 17-1-1990.

Headnote:Motor Vehicles Act, 1939-Ss. 110-A and 92-A-Motor Vehicles Act, 1988-S. 140-death in motor accident-amount of Rs. 15,000/- as provided under S. 92-A of 1939 or Rs. 25,000/- as provided under S. 140 of 1988 Act is minimum compensation.

       eksVj ;ku vf/kfu;e] 1939&/kkjk 110d rFkk 92d&eksVj ;ku vf/kfu;e] 1988&/kkjk 140 eksVj nq?kZVuk esa e`R;q&1937 ds vf/kfu;e dh /kkjk 92d ds v/khu ;Fkk micaf/kr :- 15]000@& vFkok 1988 ds vf/kfu;e dh /kkjk 140 ds v/khu ;Fkk micaf/kr :- 25]000@&Uuwre izfrdj gSA

        It has been found by the learned Tribunal that the deceased Mohbai who was employed to work as a labourer on the truck No. MPF-7387 carrying manure to be unloaded at the destination by the deceased and other labourers, died as a result of injuries sustained in the motor accident which took place on 10-12-1978 on account of the truck dashing a hill about 15 Kms., from Barwani due to rash and negligent driving of the truck by its driver. The learned Tribunal has found that the deceased Mohbai was a house wife aged about 45 years and also earned Rs. 3/- per day as labourer at the time of her death by accident. As regards quantum of compensation payable to the claimants in respect of death of deceased Mohbai, the learned Tribunal has assessed Rs. 300/- as annual loss of dependency and a total compensation of Rs. 6,000/-.

        Held: The liability to pay compensation in respect of death due to motor accident is based on the principle of fault at common law. But liability to pay compensation on the principle of no fault has come to be provided statutorily by section 92-A of the Act of 1939 and now under section 140 of the new Act of 1988 as measure of social justice in order to meet to some extent the responsibility of society to the deaths and injuries caused in road accidents. Incidentally, the sum of Rs. 15,000/- as provided in section 92-A of the Act of 1939 or the modified sum of Rs. 25,000/- as provided in section 140 of the new Act of 1988 represents the minimum compensation for loss of human life in the estimate of the Parliament. This legislative norm as set forth by Parliament for minimum compensation for the loss of life, arising from motor accident, in my opinion ought to serve as guideline for the Courts while adjudicating motor accident claims or hearing appeals on the question of quantum of compensation. In view of this, it is not necessary to decide the question whether or not section 92-A is restrospective in its operation. In this connection, learned counsel for the appellant has cited a decision of this Court in Rukmabai v. Ramlal and another reported in [1988 (1) T.A.C. 469] and has placed reliance on the following observations therein :-

       

        "There is, however, an important aspect which must be noticed on the provision of section 92-A by providing a minimum compensation of Rs. 15,000 for the loss of life resulting from a motor accident, the legislative norm for minimum compensation for loss of life has been set-forth and while awarding just compensation for the death resulting from motor accident the Tribunal Or the High Court in appeal. cannot lose sight of the fact that assessment of compensation on merits which is largely based on guess-work, must be in accordance with the principle that compensation for loss of life has to be at least Rs 15,000/-. While accepting the principle that compensation in respect of the death resulting from a motor accident, must be at least Rs. 15,000/-, it would not be reasonable to make a distinction in determining compensation in respect of the death by motor accident whether occurring before or after c0ming into force of section 92-A" .

        In view of the above discussion and having noticed section 140 of the Motor Vehicles Act, 1988 which provides minimum compensation for the loss of human life as Rs. 25,000/-, I consider that Rs. 25,000/. would be a just compensation payable to the appellant claimants in respect of the death of deceased Mohbai. 1988 (l) T AC 469 relied on. Appeal partly allowed.