Sunaina Devi vs Ajay Kumar Yadav

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

Claimants/ appellants are in appeal for enhancement of compensation awarded under Section 166 of the M.V. Act vide judgment/ order dated 18.12.2009 passed for the death of their minor son, aged about 7 years in a motor vehicle accident, wherein and whereunder the compensation of Rs. 75,000/- has been awarded.

Facts are not in dispute that the deceased [minor child] died in an accident involving a commander jeep bearing registration No. BR-36-4236 which was under the insurance cover of respondent no. 2.

It is argued that law has been settled by the Apex Court in Kurvan Ansari alias Kurvan Ali & Anr. Vs. Shyam Kishore Murmu & Anr. (2021) 4 JLJR 376, wherein it has been held that since deceased (minor) is a non-earning person, as such, compensation is to be awarded as per Section 166A of the M.V. Act by taking notional income of Rs. 25,000/-.

Learned counsel appearing on behalf of the Insurance Company has defended the impugned judgment and award of compensation and submits that notional income has been specifically laid down as Rs. 15,000/- in Section 163A of the M.V. Act and impugned judgment has been passed considering the ratio as laid down in R.K. Malik and Anr. Vs. Kiran Pal & Ors. (2009) 3 JCR 72 SC.

Having considered the submissions advanced on behalf of the parties, it is evident that in the case of Kurvan Ansari (supra), case of R.K. Malik (supra) has been considered, and it has been held that there was a need to increase the notional income by taking into account the inflation, devaluation of Rupee and rising cost of living.

Considering the ratio laid down in Kurvan Ansari case (supra), this Court is of the view that there is a merit for enhancement of the compensation awarded by the Tribunal. Accordingly, by taking as Rs. 25,000/- as the notional income, 15 as multiplier, Rs. 40,000/- towards filial consortium and Rs. 15,000/- as funeral expense as final compensation shall work out to be Rs. 4,30,000/- with interest @ 6% per annum from the date of filing of the claim application till its realization.

Respondent No. 2-Insurance Company is directed to deposit the aforesaid compensation amount of Rs. 4,30,000/- with interest @ 6% per annum from the date of filing of the claim application till its realization within a period of six weeks and thereafter the learned Tribunal shall disburse the same to the claimant within two weeks.

Miscellaneous Appeal is accordingly allowed.

Pending I.A., if any stands disposed of.