Satender Mahto and Others vs Mohd Sahbir and Others

G. P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 1,50,000/- awarded for the death of a two year old child in an accident which occurred on 05.05.2007. It is urged by the learned counsel for the Appellant that the compensation awarded is too meagre for the loss of a life.

This Court in National Insurance Company Limited v. Farzana & Ors. MAC APP.13/2007 decided on 14th July, 2009 considered R.K. Malik and Another Vs. Kiran Pal and Others, and opined that in the case of death of a child a notional income of Rs. 15,000/- is to be taken and applying the multiplier of 15 the loss of dependency was held to be Rs. 2,25,000/-. The Claimants were further held to be entitled for a sum of Rs. 75,000/- towards future prospects and Rs. 75,000/- towards loss of love and affection. The present case is squarely covered by the judgment in National Insurance Company Limited v. Farzana & Ors. (supra).

The only distinction between the judgments referred to above is that the deceased in this case was a child of just two years. In the circumstances, the Appellants would not be entitled to any compensation towards future prospects. Accordingly, I award a sum of Rs. 2,25,000/- towards loss of dependency and a sum of Rs. 75,000/- towards non-pecuniary damages.

The compensation is enhanced by Rs. 1,50,000/- which shall carry interest @ 7.5% from the date of the filing of the Petition till its deposit. The compensation shall be apportioned equally between the parents. 60% of the enhanced compensation shall be held in Fixed Deposit for a period of two years. Rest shall be released on deposit.

The Respondent No. 3 National Insurance Company Ltd. is directed to deposit the enhanced amount along with interest in the name of the Appellants in UCO Bank, Delhi High Court Branch within six weeks.

The Appeal is allowed in above terms. Pending Applications stand disposed of.