Om Parkash and Others vs Shamsher Singh and Others

R.P. Nagrath, J.—Prayer in the instant appeal is for enhancement of compensation for cutting short the life of Kuldeep son of appellants No. 1 and 2 and brother of appellant No. 3 in a road accident, taking place on 01.04.1999. The accident occurred because of negligent driving of Bus No. HR-39-7043 of Haryana Roadways, Hisar Depot. The deceased was 17 years old and was a student of 10th class at the time of his death. The Tribunal determined his notional income as Rs. 15,000/- per annum being non-working member of the family.

The claim petition was filed for award of compensation in terms of Section 166 of the Motor Vehicles Act, 1988 (for short ''the Act'') and not under Section 163-A of the Act. Keeping in view the fact that the deceased was undergoing studies and could secure a better career, his income should be assessed on the basis of minimum wages then prevalent.

As per Haryana Government notification, minimum wages of unskilled workers were Rs. 1901.30 per month at the relevant time. For calculating compensation, the same is taken as Rs. 1900/- per month. Though the sister of the deceased was impleaded as a claimant yet for the non-working member, who was the son of appellants No. 1 and 2, assessment is to be made as if compensation has been claimed by appellants No. 1 and 2 only. The deceased was a bachelor, so deduction of 50% of the income towards personal expenses of the deceased is to be made in terms of the principle laid down by Hon''ble Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . In this way, the loss of dependency would be Rs. 950/- per month and annual loss of dependency would come to Rs. 11,400/-. Looking into the age of the deceased 18 is the appropriate multiplier. Thus the loss of dependency would come to Rs. 2,05,200/- (11,400 x 18).

Nothing was awarded towards loss of love and affection or funeral charges. Looking into the year in which the occurrence took place, Rs. 25,000/- in lump-sum is added to the aforesaid amount of Rs. 2,05,200/- and the total amount comes to Rs. 2,30,200/-. The enhanced amount would carry interest @ 6% from the date of filing of claim petition till the amount is realised.

It shall be prime responsibility of respondent No. 2 to make payment of amount of enhanced compensation which be paid to appellants No. 1 and 2 only in equal shares. The appeal is allowed in the terms indicated above.