E.L. Chaudhary And Anr. vs Avtar Singh And Ors.
1992 Latest Caselaw 100 Del

JUDGMENT

D.K. Jain, J.

(1) This is an appeal by the claimants under Section 110Dof the Motor Vehicles Act, 1939 (for short the Act) against the award of the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) dated 30/01/1980 in Suit No. 164 of 1975.

(2) The claimants have filed this appeal for enhancement of the compensation awarded by the Tribunal from Rs. 25,500.00 to Rs. 2 lakhs, besidescosts. There is no cross appeal by the respondents. Therefore, the facts of the accident and the liability of the car bearing registration No. Usv 9305stands admitted. The only question for consideration, thus, is of the quantum of compensation.

(3) I have perused the record and heard Mr. S.M. Suri, learned Counsel for respondent No. 3, the Insurance Company. In these cases there is no exact formula or set standard to determine the quantum of compensation.The compensation to be assessed is the pecuniary loss caused to the dependents by the death of the deceased. For the purpose of calculating the just compensation, the annual dependency of the dependents should be determine in terms of the annual loss accruing to them due to abrupt termination of life.For this purpose, broadly speaking, annual earnings of the deceased at the time of the accident and/or later and amount out of the same which he was spending or could spend for the maintenance of the dependents is an important guiding factor.. .

(4) In the instant case, the learned Tribunal has observed that although the deceased was not earning at the time of his death, but his potential capacity for earning ought not to be lost sight of in fixing the compensation. The Tribunal has further observed that if the deceased had continued his studies,he could have most certainly, found employment at least as a Lower Division Clerk on a starting emolument of Rs.300.00per month. The Tribunal has found that the deceased would have started earning after attaining the age of21 years and by that time the mother of the deceased would have become 50years old and as such she could expect pecuniary assistance from the deceased only for about 20 years. The learned Tribunal has thus, concluded that after deducting personal expenses of the deceased for the first 10 years i.e. prior to his marriage, the pecuniary loss to the claimants could be assessed at Rs. 150.00per month and after deceased's marriage, for the remaining 10 years atRs. 100.00 per month.

(5) Having considered the matter thoughtfully and taking an overall view of the matter the amount of Rs. 25.500.00 awarded by the Tribunal appears to be just and proper and in accordance with the principles laid down in large number of judicial pronouncements. Needless to say that in the matter of ascertainment of damages, the appellate Court should be slow in disturbing the findings reached by the Courts below, if they have taken all the relevant facts into consideration. These findings should be disturbed only when there are compelling reasons. In the present case I do not find any infirmity in the order of the Tribunal and as such no interference is called for. With the result the appeal is dismissed with no order as to costs.