Harpreet Kaur and Another vs Ramesh Chand and Others

Vijender Singh Malik, J.—This is an appeal brought by the parents of Sukhman alias Sukhmanjeet Kaur, the deceased, who met with a fatal accident on 10.02.2009 in front of her house. They are seeking enhancement of compensation, which has been allowed by learned Motor Accidents Claims Tribunal, Chandigarh (for short ''the Tribunal'') vide award dated 30.07.2011 in a sum of Rs. 1,65,000/-. Sukhman alias Sukhmanjeet Kaur was playing in front of her house on 10.02.2009. In the meanwhile, Ramesh Chand, respondent No. 1 while driving Scorpio No. CH-03-R-0903 came from the side of the road at a very fast speed and had hit Sukhman alias Sukhmanjeet Kaur, as a result of which she suffered various injuries. She was taken to PGI, Chandigarh where she succumbed to the injuries. Sukhman alias Sukhmanjeet Kaur was aged one year and two months. The claimants are her parents.

The aforesaid particulars of the claimants have been denied by respondents No. 2 and 3. Respondent No. 1 had been proceeded against ex-parte before even filing of the written statement.

Learned counsel for the appellant has contended that learned Tribunal has been wrong in assessing compensation in a sum of Rs. 1,65,000/- in this case. According to her, in a case where the deceased is of the age of one year or so, the compensation is difficult to assess. According to her, help can be taken from the decided cases. She has further submitted that in Jitender Kumar and Another Vs. Oriental Insurance Co. Ltd. and Another, Delhi High Court has awarded compensation in a sum of Rs. 3,75,000/- in case of death of a 3 years old boy. She has also cited another decision of Delhi High Court in Shyam Narayan Vs. Kitty Tours Travels and Others, where in case of a death of five years old child, a sum of Rs. 2,75,000/- was awarded.

On the other hand, learned counsel for respondent No. 3 has submitted that compensation in a sum of Rs. 1,65,000/-, awarded by the Tribunal in favour of the claimant in this case on the death of a one year child, is sufficient. According to him, no further enhancement is admissible in this case.

In cases of death of very young children, the paramount consideration is loss of love and affection. The parents would be deprived of the company of their child at a very young age and the pain would be more severe. In such cases, the compensation has to be awarded at a higher rate and on account of this reason, Rs. 3,75,000/- has been awarded in case of death of three years old child in Jitender Kumar''s case supra. In the case in hand, besides the minimum is allowed u/s 163-A of the Motor Vehicles Act, 1988 for non-earning persons something has to be added for love and affection and if the amount is calculated taking the income of the deceased at Rs. 15,000/- per annum and multiplying the same with the multiplier available on the age of the claimants, who are parents of the deceased, I find that a sum of Rs. 2,25,000/- would be adequate compensation to the claimants for the loss of their child. Consequently, I allow the appeal and enhance the compensation from Rs. 1,65,000/- to Rs. 2,25,000/-, which shall be payable to the claimants with interest and in the proportion given by the Tribunal in its award.