Fagu Modak vs Medi Drips Carriers Pvt. Ltd.
2021 Latest Caselaw 1767 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                M.A. No. 93 of 2013
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1. Fagu Modak

2. Shiva Modak ... Appellants

-versus-

1. Medi Drips Carriers Pvt. Ltd., 3-A, Auckland Place, 8th Floor, Suit No.8B, Circus Avenue, PO & PS Circus Avenue, Kolkata 17 (W.B.).

2. M/s National Insurance Company Ltd., Ground Floor, 19, R.N. Mukherjee Road, PS & PO R.N. Mukherjee S.O., Kolkata, West Bengal, Pin Code 700001.

          3. Shyam Prakash Gupta                         ...     Respondents
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                 CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                     THROUGH VIDEO CONFERENCING
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For the Appellants : Mr. Rajiv Anand, Advocate For the Respondents: Mr. Amaresh Kumar, Advocate

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17/ 12.04.2021 Heard learned counsel for the appellants and the learned counsel appearing for the respondent-Insurance Company through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 11.00 a.m.. They have no complain with respect to the audio and video clarity and quality.

2. This appeal is preferred by the claimants for enhancement of compensation amount granted vide award dated 15.12.2012 passed by the District Judge 1st-cum-M.A.C.T., Bokaro in T.M.V. No.69 of 2007, by which a meager sum of Rs.2,25,000/- has been awarded as compensation and that too without any interest.

3. Counsel appearing on behalf of the appellants-claimants submits that the deceased was aged about 15 years and was a student of Class VII, who died in a motor vehicle accident, which occurred on 21.06.2017 because of rash and negligent driving of a bus bearing registration number WB 39 9226. Further, it is contended that the Tribunal, after considering the materials on record has awarded compensation to the tune of Rs.2,25,000/-, that too without interest, which is a meager amount, which needs enhancement. He submits that even if the deceased was not an earning member of the family, it can easily be presumed that there was some contribution by him to the family. He further submits that father and mother have sustained irreparable loss because of death of their son of 15 years. He submits that more or less in the similar circumstances, the Hon'ble Supreme Court in the case of Kishan

Gopal & Another versus Lala & Others reported in (2014) 1 SCC 244 has awarded compensation of Rs.5,00,000/- along with interest at the rate of 9% per annum. He lastly contends that the amount of compensation awarded being too low, should be enhanced.

4. Counsel appearing for the respondent-Insurance Company, submits that there is nothing on record to suggest that the deceased was a student and was studying in Class VII. He submits that there is nothing on record to show that the deceased was contributing to the family. He refers to a judgment of the Hon'ble Supreme Court rendered in the case of R.K. Malik & Another versus Kiran Pal & Others reported in (2009) 14 SCC 1, wherein the Hon'ble Supreme Court has held that second schedule of the Motor Vehicles Act would be applicable. He submits that thus, the Tribunal has correctly awarded compensation.

5. After hearing the counsel for the parties, I have gone through the impugned award.

6. Admittedly, the deceased was aged 15 years. The Tribunal has held that the deceased died because of rash and negligent driving of the vehicle bearing registration number WB 39 9226. Thus, in this case the death and the cause of death are established facts. Now the question would be as to what would be the just and proper compensation.

7. Counsel for the Insurance Company relied upon a judgment of the Hon'ble Supreme Court rendered in the case of R.K. Malik & Another versus Kiran Pal & Others reported in (2009) 14 SCC 1 whereas the counsel for the appellants-claimants relied upon a judgment of the Hon'ble Supreme Court rendered in the case of Kishan Gopal & Another versus Lala & Others reported in (2014) 1 SCC 244. The judgment delivered by the Hon'ble Supreme Court in the case of Kishan Gopal (supra) is later in time. In the said judgment, the Hon'ble Supreme Court at paragraphs 37, 38 and 39 has held as under: -

37. Further, in Lata Wadhwa case it was observed that insofar as the children of age group between 10 to 15 years are concerned, they are all students of Class VI to Class X and are children of employees of TISCO and one of the children was employed in the Company in the said case having regard to the fact the contribution of the deceased child was taken Rs.12,000 p.a. appears to be on the lower side and held that the contribution of such children should be Rs.24,000 p.a.

38. In our considered view, the aforesaid legal principle laid down in Lata Wadhwa case with all fours is applicable to the facts and circumstances of the case in hand having regard to the fact that the deceased was 10 years old, who was assisting the appellants in their agricultural occupation which is an undisputed fact. We have also considered the fact that the rupee value has come down drastically from the year 1994, when the notional income of the non- earning member prior to the date of accident was fixed at Rs.15,000. Further, the deceased boy, had he been alive would have certainly contributed substantially to the family of the appellants by working hard.

39. In view of the aforesaid reasons, it would be just and reasonable for us to take his notional income at Rs.30,000 and further taking the young age of the parents, namely, the mother who was about 36 years old, at the time of the accident, by applying the legal principles laid down in Sarla Verma v. DTC, the multiplier of 15 can be applied to the multiplicand. Thus, 30,000 x 15 = 4,50,000 and 50,000 under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susumma Thomas, which is referred to in Lata Wadhwa case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs.50,000 under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants.

8. Thus, it can be said that the Hon'ble Supreme Court has laid down principles for deciding compensation in respect of children, who are in the age group of 10 to 15years. The Hon'ble Supreme Court has calculated the amount to be Rs.5,00,000/- in the said case as reasonable compensation. Thus, this Court, considering the judgment of the Hon'ble Supreme Court, as cited above, especially, paragraph 39 thereof, feels that Rs.5,00,000/- would be a just and fair compensation. So far as the interest is concerned, considering the interest rates prevalent, I am of the opinion that interest at the rate of 6% per annum should be allowed on the entire amount. This Court,

accordingly, directs the Insurance Company to pay a sum of Rs.5,00,000/- along with interest at the rate of 6% per annum after deducting the amount already paid and awarded by the Motor Vehicle Accidents Claims Tribunal vide award dated 15.12.2012 passed in T.M.V. No.69 of 2007.

9. This miscellaneous appeal is, accordingly, allowed.

(Ananda Sen, J.) Kumar/Cp-02