Delhi High Court
J.C. Kapoor And Anr. vs Delhi Cloth And General Mills Ltd. ... on 3 November, 1987
Equivalent citations: I (1988) ACC 178
Author: S Wad
Bench: S Wad
JUDGMENT
S.B. Wad, J.
1. The accident took place on 23-2-1967 in which Tarun Kapoor, aged about 7-8 years was killed by the rash and negligent driving of truck No. DLG 1302. The truck was owned by the Delhi Cloth & General Mills Ltd. and was insured with the United India Insurance Company. The Tribunal has awarded Rs. 7,000/- as the compensation which was paid by the Delhi Cloth and General Mills Ltd.; the Insurance Company and the driver jointly and severally. This appeal is filed for the enhancement of compensation. No cross-appeal or objection is filed by the respondents against whom the award has been made. In view of this the only question in this appeal is whether the parents of the deceased are entitled to enhancement of compensation.
2. Counsel for the appellant has submitted that the compensation of Rs. 7,000/- awarded by the Tribunal is on a very low side. The Tribunal has not considered the loss to the parents and the pecuniary disadvantage suffered by them as the contribution by the deceased to the family in future. While granting the compensation of Rs. 7,000/- the Tribunal has relied upon the judgment of the Supreme Court and the judgment of the High Court where an eight year old victim had died and the compensation of Rs. 6,000/-was paid in each of these cases. This was the rate of compensation 20 years back, i.e. when the accident took place.
3. The method of arriving at compensation has now considerably changed in the recent years and an attempt is there to realistically assess the just compensation. Counsel for the appellant has referred to 1972 ACJ 470 M A. Rahim and Anr. v. Sayari Bai in which a child of 12 years was killed and a compensation of Rs. 25,000/- was awarded by the Madras High Court. There is always a difficulty in the assessment of compensation where the deceased is very young. Too many uncertainties and assumptions are required to be borne in mind, in working out the exact pecuniary loss which the family would suffer. As a matter of fact the child of eight years would need at least 15 years support from the parents so as to make him capable of earning and contributing to his family. However, the future chances of his supporting the family cannot be ruled out. Apart from that, the loss of the only son may cause serious mental pain and agony to the family. Considering these facts, I raise the compensation to Rs. 20,000/-. The claimants would also be entitled to 9 per cent simple interest from March 1970 till the date of payment. The United India Insurance Company shall be liable to make this payment. Of course, they would be entitled to the deductions of Rs. 7,000/-, i.e. the compensation already paid and the proportionate interest thereon.
4. The appeal is allowed. No order as to costs.
