IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH F. A. O. No. 1159 of 2007 Date of Decision: December 16 , 2008 Prem Lal and another ...........Appellants Versus Gajraj Singh etc. ..........Respondents Coram: Hon'ble Mrs.Justice Sabina Present: Mr. Sandeep Jasuja, Advocate for the appellants. Mr.Paul S.Saini, Advocate for the New India Assurance Company Ltd. * * * Sabina, J. This is an appeal filed against the award dated 13.10.2006 passed by the Motor Accident Claims Tribunal, Gurgaon (hereinafter referred to as `the Tribunal') vide which the claim petition was allowed and Rs.2,25,000/- was awarded to the claimants as compensation on account of death of their son Devinder in the motor vehicle accident. The appellants had filed this claim petition claiming compensation on account of death of their son Devinder in the motor vehicle accident which had taken place on 25.4.2005 at about 6.30 P.M. due to rash and negligent driving of respondent No.2 while driving the offending vehicle. Deceased-Devinder was a child aged 15 years. The case of the appellants was that their son was employed with Satpal and was getting Rs.80/- per day plus full diet. However, the appellants failed to lead any documentary evidence in this regard . The mere oral testimony of the F. A. O. No. 1159 of 2007 -2- appellant- Prem Lal was rightly not relied upon by the learned Tribunal, who assessed the income of the deceased. Since the deceased was a child aged 15 years, the loss suffered by his parents on account of his death cannot be compensated. Mental pain and suffering as well as continuous agony of the appellants can be termed as enormous. There can be no exact rule for measuring the value of human life and the measure of damage cannot be arrived at by precise mathematical calculation. There also cannot be any evidence to show that the deceased, if alive, will grow and earn more. The Court has to depend upon the very many uncertain factors and has to take overall picture and form an estimate which may some time be based upon speculation. A just and fair calculation of compensation would be what beneficiaries would have received from the deceased as support for their maintenance, had the deceased lived and earned. The paramount consideration of the matter is only to protect the interest of the appellants so that the amount awarded to them by way of compensation serves the purpose and object of compensating them for the loss occasioned by the tragedy of the accident. The learned Tribunal took the income of the deceased as Rs.15,000/- per annum and applied multiplier of `15'. The learned Tribunal worked out the compensation as Rs. 2,25,000/-. The income of the deceased as assessed and choice of the multiplier by the learned Tribunal is just and fair, in the facts and circumstances of the case and calls for no interference. However, learned Tribunal has not awarded any compensation on account of funeral expenses and last rites. In these circumstances, it would be appropriate to allow Rs.10,000/- more as compensation to the appellants towards funeral expenses. F. A. O. No. 1159 of 2007 -3- Accordingly, this appeal is allowed. Appellants are further allowed Rs.10,000/- as compensation and, thus, their total compensation is enhanced from Rs. 2,25,000/- to Rs. 2,35,000/-. No order as to costs. ( Sabina ) Judge December 16, 2008 arya