Union of India and Ors. vs Sujan Singh & Anr

Questioning the quantum of compensation awarded by Motor Accidents Claims Tribunal, Jammu to the respondentsclaimants for the death of

Romesh Kumar, a student of 9th Class, who had died while travelling in appellants' Tipper bearing Registration No. 98E66285, when it had rolled

down near Ungai Nallah, Doda because of rash an negligent driving of appellants' driver, Union of India has come up in appeal to this Court.

Appellants' counsel, Mr. Ajay Sharma submits that the amount of compensation awarded to the respondentsclaimants for the death of Romesh

Kumar minor, was excessive, which was required to be suitably reduced so that the compensation so awarded docs not become a bonanza rather

than just compensation to the claimants.

I have considered the submissions of learned counsel for the parties and gone through the records.

Perusal of the Tribunal's award indicates that it had erred in awarding an amount of Rs. 4,10,000/ as compensation to the parents of Romesh

Kumar who was 15 years old at the time of his death.

Loss of a child to the parents is irrecoupable and no amount of money would compensate the parents as such.

Having regard to the environment to which the parents of the deceased belonged, they would necessarily be deprived of their reasonable

expectation of pecuniary benefit they would have got out of the earnings of the minor had he lived. As nothing has been brought on records by the

appellants to prove that the deceased was unhealthy, sick or a rickety child and a bad student so, in view of law laid clown in Lata Wadliwa and

ors vs. State of Bihar and ors, reported as (2001)8 SCC 1971 think it appropriate to take the annual contribution of the deceased to his parents at

Rs. 24,000/ per annum.

Adopting 10 as against the prescribed multiplier of 11 for the age group of the persons like the mother of the deceased, the compensation payable

to the respondentsclaimants would come to Rs. 2,65,000/ which includes the conventional amount of Rs. 25,000/ for loss of love and affection.

Allowing this appeal, Tribunal's award dated September 26, 2005 in claim petition no. 652 is, accordingly, modified to be an award for an amount

of Rs. 2,65,000/ along with interest as allowed the Tribunal.

The amount payable to claimants in terms of this judgment shall be released in their favour along with interest accrued thereon. Rest of the amount

shall be released in favour of the appellants.