FAO No.4352 of 2008

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

FAO No.4352 of 2008

Date of decision: November 25, 2008.

The New India Assurance Co. Ltd.

...Appellant(s)

v.

Tittar Singh & Ors.

...Respondent(s)

CORAM:HON'BLE MR. JUSTICE SURYA KANT

1. Whether Reporters of local papers may be allowed to see the judgment ?

2. Whether to be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest?

Present:

Shri Vivek Singal, Advocate for the appellant.

ORDER

Surya Kant, J. - (Oral):

This appeal, at the instance of the New India Assurance Co.

Ltd., is directed against the award dated 9.9.2008 passed by the Motor

Accident Claims Tribunal, Muktsar whereby a compensation of

Rs.2,25,000/- has been awarded to the parents (claimants-respondents No.1

& 2) of the deceased Manga Singh, aged about 12 years, who died in a

motor vehicular accident on 19.1.2007.

In the light of the overwhelming evidence, including the eye

witness account of Nasib Kaur (PW3), copy of the FIR, post-mortem report

(Ex.P1), no meaningful argument could be advanced on behalf of the

FAO No.4352 of 2008

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appellant to assail the findings returned by the Tribunal while deciding issue

No.1. It accordingly stands established that Manga Singh, who was stated

to be a brilliant student and a good sports person, suffered an untimely death

in a motor vehicular accident.

Learned Counsel for the appellant, however, vehemently assails

the findings on issue No.2 as according to him the compensation of

Rs.2,25,2000/- granted by the Tribunal is on the higher side. Relying upon

the judgment of a learned Single Judge of this Court in the case of Lilu

Ram & Ors. v. Bharat Singh & Ors. (FAO No.2165 of 2007), decided on

7.8.2008, the counsel contends that not more than Rs.1,50,000/- ought to

have been awarded by the Tribunal. He argues that 1/3^rd of the annual

income of Rs.15,000/- of the deceased as assessed by the Tribunal ought to

have been deducted towards personal expenses before determining the

compensation amount.

Having heard Learned Counsel for the appellant and on perusal

of the impugned award, I am not inclined to interfere with the compensation

amount assessed by the Tribunal. In Lata Wadhwa & Ors. v. State of

Bihar & Ors., 2001 ACJ 1735, their Lordships of the Supreme Court drew

a distinction between the children in the age group of 5-10 years on one

hand and in the age group of 10-15 years on the other hand. In the case of

school-going children in the age group of 10-15 years, their annual

contribution was assessed to Rs.24,000/- and applying the multiplier of 15,

their parents were granted compensation to the tune of Rs.3,60,000/- each

with an additional sum of Rs.50,000/-.

The intricated question as how to assess compensation in the

case of accidental death of a child, has again been considered by the

FAO No.4352 of 2008

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Supreme Court in the case of Kaushlaya Devi v. Karan Arora & Ors.,

2007 ACJ 1870 and their Lordships held as follows:-

“In cases of young children of tender age, in view of

uncertainties abound, neither their income at the time of

death nor the prospects of the future increase in their income

nor chances of advancement of their career are capable of

proper determination on estimated basis. The reason is that at

such an early age, the uncertainties in regard to their

academic pursuits, achievements in career and thereafter

advancement in life are so many that nothing can be assumed

with reasonable certainty. Therefore, neither the income of

the deceased child is capable of assessment on estimated

basis nor the financial loss suffered by the parents is capable

of mathematical computation.”

There can indeed be no golden rule to be applied for measuring

the value of the human life and the question becomes more complexed when

it pertains to assessment of compensation in th