United India Insurance Co. Ltd. vs Suleman and Others

Amitava Lala, J.—The insurance company has challenged the judgment and order dated 11.1.2008, passed by the concerned Motor Accident Claims Tribunal, Allahabad taking the plea that the amount of compensation awarded for a sum of Rs. 1,57,000 on account of death of deceased aged about 8 years is grossly excessive. In favour of such submission he cited a Judgment in Oriental Insurance Co. Ltd. v. Syed Ibrahim and Ors. 2007 (4) TAC 385 : 2007 (4) AWC 3556 to show us that in case of death of minor Supreme Court has awarded a sum of Rs. 51,500, therefore, this Judgment having binding effect on this Court, the Court should award such amount of compensation.

We are of the view that we are governed by our own judgment in The New India Assurance Company Limited Vs. Padam Singh, Smt. Munesh Devi and Satpal Singh, in which all the earlier judgments have been considered. Learned Counsel appearing for the appellant has taken a point that the ratio of Syed Ibrahim (supra) has not been considered in Padam Singh (supra).

Upon going through such Judgment we are of the view that the Supreme Court has not laid down any principle but affirmed the judgment, which was passed by the Tribunal. On the other hand, the Supreme Court has taken the similar view as in paragraph Nos. 6 and 9, as follows:

There are some aspects of human life which are capable of monetary measurement, but the totality of human life is like the beauty of sunrise or the splendor of the stars, beyond the reach of monetary tape-measure. The determination of damages for loss of human life is an extremely difficult task and it becomes all the more baffling when the: deceased is a child and/or 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 guesswork. In cases, where parents are claimants, relevant factor would be age of parents.

In cases of young children of tender age, in view of uncertainties abound, neither their income at the time of death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determination on estimated basis. The reason is that at such an early age, the uncertainties in regard to their academic pursuits, achievements in career and thereafter advancement in life are so many that nothing can be assumed with reasonable certainty. Therefore, neither the income of the deceased child is capable of assessment on estimated basis nor the financial loss suffered by the parents is capable of mathematical computation.

Therefore, the case of the appellant cannot be considered on the basis of such Judgment by treating it as a principle but an affirmation of the cause in view of the facts and circumstances of the case. We have also seen various facts and circumstances in this case and we categorically mentioned in our own Judgment in what way we shall come to a conclusion in case of death of minor deceased. In effect, the observation of the Supreme Court, as propounded in the above referred judgment, has also been reiterated in our judgment to come to a definite conclusion.

Therefore, we are of the view that we cannot treat ourself unjust in not accepting the amount awarded by the Tribunal which according to us is in lower side in view of our own Judgment. Therefore, in totality we cannot admit the appeal. Hence, the appeal is dismissed.

Incidentally, the appellant-insurance company prayed that the statutory deposit of Rs. 25,000 made before this Court for preferring this appeal be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust with the amount of compensation to be paid to the claimants, however, such prayer is allowed.

Shishir Kumar, J.

I agree.