AO/838/2006 of SMT. RANJEET KAUR Vs JASPAL SINGH AND ANOTHER

IN THE HIGH COURT OF UTTARAKHAND AT

NAINITAL.

A.O. No. 838 of 2006

Smt. Ranjeet Kaur …. Appellant.

Versus

Jaspal Singh and another

.. Respondents.

Sri Sudhir Kumar Chaudhary, Advocate for the appellant. Sri T.A. Khan, Advocate for the respondent No.2.

Hon’ble B.C. Kandpal, J.

Dated: 20-6-2008

This appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 22-9-2006, passed by M.A.C.T./District Judge, U.S. Nagar, in MACT Case No. 37/2006.

2- Brief facts of the case are that on 30-1-2006 at 6.30 P.M. Km. Jasvinder Kaur and Km. Ranwant Kaur riding in cycle along with Sukhvinder Singh were going to the house of Jeet Singh in village Kharmasi. Suddenly Truck No. HR 38-J-5131 came there at high speed and dashed Km. Jasvinder Kaur due to which she died at the spot. The deceased at the time of accident was 7 years of age. The claimant filed petition for award of compensation of Rs. 5,00,000/-.

3- The Opposite Party No.1/ owner of the offending truck filed written statement and alleged that the truck was insured with New India Assurance Company and its driver had valid driving license.

4- The Opposite Party No.2/ New India Assurance Company also contested the petition by filing its written statement and alleged that the driver of the truck was not having valid driving license and the information of the accident was not given to the insurance company and on these grounds the insurer cannot be held liable to pay compensation.

5- On the pleadings of parties, the learned Tribunal framed issues in the petition. Thereafter, parties adduced evidence in support of their cases. The Tribunal after hearing learned counsel for the parties and considering the evidence on record, came to the conclusion that the truck in question was having valid documents and its driver had valid driving license and awarded sum of Rs. 52,000/- as compensation along with interest @ 5% per annum from the date of petition till the date of actual payment payable by New India Assurance Company.

6- Feeling aggrieved the claimant has preferred this appeal for enhancement of the compensation.

7- Heard learned counsel for the parties and perused the record.

8- Learned counsel for the claimant/appellant has submitted that the Tribunal has awarded meager amount of compensation. In support of his submission he has invited my attention towards the decision of Hobn’ble Apex Court in the matter of New India Assurance Company Ltd. Vs. Satender Singh & others, reported in (2008) 1 SCC (Cri) 96.

The Hon’ble Apex Court in the above cited

case, has held as under:-

“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.”

10- The Hon’ble Apex Court in the above cited case applying the principles indicated in the matter of State of Haryana and Anr. v. Jasbir Kaur and Ors. (2003 (7) SCC 484), has awarded sum of Rs. 1,80,000/- for the death of child of 9 years of age. Perusal of record reveals that in the instant case the deceased Km. Jasvinder Kaur, at the time of accident, was 7 years of age. Therefore, keeping in view the above observation of the Hon’ble Apex Court, and the age of the deceased, I am of the view that the learned Tribunal has awarded meager amount of compensation for the death of the deceased and the claimant should be awarded sum of Rs. 1,50,000/- as compensation.

11- The Tribunal has awarded interest @ 5% per annum which is on lesser side and in my opinion the

claimant is entitled to an interest @ 7.5% per annum on the above amount of compensation.

12- Accordingly, the appeal is allowed. The claimant is awarded sum of Rs. 1,50,000/- as compensation payable by the New India Assurance Company Ltd., instead of Rs. 52,000/-, as has been awarded by the Tribunal. The claimant shall also be entitled to get interest @ 7.5% per annum on the above amount of compensation from the date of presentation of petition till the date of actual payment, instead of @ 5% per annum awarded by the Tribunal. The impugned judgment and award dated 22-9-2006 stands modified accordingly.

(B.C. Kandpal, J.)

ISB