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Judgment
Nawab Singh, J.—This judgment shall dispose of aforementioned four appeals, filed against separate Awards dated May 20, 2011 passed
by Motor Accident Claims Tribunal, Ludhiana (for short ''the Tribunal'') in MACT Case Nos. 6 and 7 of 2008, arising out of same accident. FAO
Nos. 6100 and 6484 of 2011 have been filed by the claimants, that is, parents of two deceased, viz. Jaspreet Singh and Karamjit. FAO Nos.
6185 and 6186 of 2011 have been filed by Pepsu Roadways Transport Corporation, Patiala (for short ""the PRTC""), owner of the bus No. PB-
11N-0754 (for short ''the offending bus'').
The facts are these: On February 20, 2008, Jaspreet Singh (deceased) was riding pillion on motorcycle No. PB-10BT-2975, driven by one
Raman Kumar. When they reached near Hotel K. Mall Signal Lights Chowk, Gian Singh Rada Market, Bus Stand-Gill Chowk Road, there was a
traffic red light. Raman Kumar stopped the motorcycle to wait for green signal to go. Karamjit (deceased) was on scooter No. PB-10V-3281 and
was also waiting for the green signal at the same place. The offending bus came from bus stand Ludhiana, being driven at a fast speed in a rash and
negligent manner by Jagtar Singh - respondent and, firstly, it struck against a car bearing No. 9590 (complete number not mentioned) and then the
scooter of Karamjit and later the motorcycle on which Jaspreet Singh was riding. The driver of the bus lost its control and hit many vehicles on the
signal lights point. A number of persons suffered multiple injuries. Unfortunately, Jaspreet Singh and Karamjit died on the spot.
FIR No. 43 dated February 20, 2008 (Exhibit P-1) was recorded under Sections 304A, etc. IPC in Police Station Model Town, Ludhiana.
Post mortem examination was conducted upon the bodies of Jaspreet Singh and Karamjit in Civil Hospital, Ludhiana
Parents of Jaspreet Singh and Karamjit filed separate claim applications u/s 166 of the Motor Vehicles Act, 1988 before the Tribunal.
In case of death of Jaspreet Singh, it was pleaded that he was 17 years old (Date of birth is mentioned as 27.9.1991 in matriculation certificate
Exhibit P-4). He was a bachelor and student of Guru Nanak Dev Polytechnic College, Ludhiana (Exhibit P-3 and P-6).
The parents of Karamjit pleaded that he was a divorcee and aged about 32 years. He was working as a Supervisor with Bhartiya Crainer
Nigam Limited, Dhandari Kalan, Ludhiana and drawing salary of Rs. 7000/- per month.
The Tribunal awarded lumpsum compensation of Rs. 4,00,000/- to the parents of Jaspreet Singh and Rs. 6,18,000/- to the parents of Karamjit.
The interest at the rate of 9% per annum was also awarded from the date of filing of claim applications till actual realisation.
In appeals filed by the PRTC FAO Nos. 6185 and 6186 of 2011), the only submission made by learned counsel for the appellant is that an
amount of Rs. 50,000/-, each, was paid to the parents in both the cases as ex-gratia grant and later on, since, they were awarded compensation
under the Motor Vehicles Act, so, the amount of Rs. 50,000/- be refunded to the PRTC or adjusted towards the amount of compensation,
awarded by the Tribunal.
The PRTC is a corporate body, which is owned by the State Government. The accident occurred in a most horrifying manner. Both the
deceased were sitting on their respective vehicles, which were in stationery position, waiting for green light at signal light point. The offending bus
came from behind and hit a number of vehicles. Jaspreet Singh and Karamjit, who were aged about 17 years and 32 years, respectively, were
knocked down, as a result thereof, they died on the spot. The ex-gratia grant was given to the parents of the deceased as a immediate relief by the
PRTC, which was a good gesture and is appreciable. It was a compassionate monetary assistance to the parents of the deceased, which, in
considered opinion of this Court should not be deducted out of the amount of compensation. Hence, this Court finds no merit in the appeals filed
by the PRTC.
Coming now to the appeals filed by the parents of Jaspreet Singh (FAO No. 6100 of 2011), he was aged about 17 years, per the
Matriculation certificate (Exhibit P-4) and studying in Guru Nanak Dev Polytechnic College, Ludhiana, which fact is apparent from Identity Card
(Exhibit P-3) and Certificate (Exhibit P-6). The Tribunal awarded Rs. 4,00,000/- as lump-sum compensation to his parents. The Hon''ble
Supreme Court in New India Assurance Co. Ltd. Vs. Satender and Others, has held as under:--
Determination of damages for the loss of human life is an extremely difficult task and it becomes all the more baffling when the deceased is a child
and a non-earning person. The future of a child is uncertain. Where the deceased was a child, he was earning nothing, but had a prospect to earn.
The question of assessment of compensation, therefore, becomes stiffer. The figure of compensation in such cases involves a good deal of guess
work. In case, where parents are claimants, relevant factor would be age of parents.
In the present case, the parents lost their son, who was aged about 17 years and proceeding towards his career in technical field. The
claimants - parents were in the age group of 40-45 years, as is mentioned in the claim application. Considering all these aspects, this Court is of the
considered opinion that a compensation of Rs. 5,00,000/- would be just and fair, besides, a Sum of Rs. 10,000/- towards funeral and
transportation charges. Thus, it is held that the claimants are entitled to compensation of Rs. 5,10,000/-, that is, Rs. 1,10,000 (5,10,000-4,00,000)
over and above the amount awarded by the Tribunal.
So far as the case of death of Karamjit is concerned (FAO No. 6484 of 2011), the Tribunal assessed his income at Rs. 7000/- per month,
that is, Rs. 84,000/- per annum, as pleaded by his parents - claimants. After deducting 1/3rd towards his personal and living expenses, annual
dependency was assessed at Rs. 56,000/- (84000-28000). Considering the age of claimant - mother, multiplier of 11 was applied and toss of
dependency was assessed at Rs. 6,16,000/- (56000x11). Besides, a sum of Rs. 2000/- was awarded as funeral expenses. In all, a sum of Rs.
6,18,000/- was awarded by the Tribunal.
A perusal of the impugned Award shows that the amount of compensation was rightly determined by the Tribunal, except that the amount of
Rs. 2000/- awarded towards funeral expenses is on lower side. Hence, this Court awards Rs. 10,000/- under this head, that is, the claimants are
entitled to Rs. 8000/- over and above the amount awarded by the Tribunal.
In view of above, FAO Nos. 6185 and 6186 of 2011 are dismissed being devoid of merit. FAO Nos. 6100 and 6484 are partly allowed. The
impugned Award in case of death of Jaspreet Singh (FAO No. 6100 of 2011) is modified to the extent that compensation amount is enhanced, by
Rs. 1,10,000/- and in case of death of Karamjit (FAO No. 6484 of 2011) the impugned Award is modified to the extent that compensation
amount is enhanced by Rs. 8,000/-. The interest on the enhanced amounts of compensation shall be payable at the same rate (9% per annum) as
awarded by the Tribunal from the date of filing of claim application till the awarded amount was deposited by the respondents, under the impugned
award.