IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : Prabhu Mukesh & Another Versus Ashutosh Sharma & Another (S.B. Civil Misc. Appeal No.1178/2010) DATE OF JUDGMENT : November 24, 2010 P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S. Saruparia for the appellants. BY THE COURT : Instant appeal has been filed for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Udaipur vide award dated 25.10.2004, whereby, learned Tribunal awarded Rs.1,20,000/- for death of 15 years old daughter of the appellants, who died in an accident which occurred on 08.08.2001 at about 7 A.M. in the morning when she was going from her home to school at Hiranmagri, Sector No.5, near Manaria Guest House. The said accident took place due to rash and negligent driving by the driver of the truck bearing No.RJ 27-G-5849 and as a result daughter of the claimants-appellants died on the spot. A claim of Rs.27,51,500/- was filed before 2 the learned Motor Accident Claims Tribunal, Udaipur but the Tribunal, after granting opportunity of hearing both the sides and adjudicating four issues framed for deciding the claim, ultimately granted Rs.1,20,000/- as compensation under the head of damages while assessing notional income of deceased Meena as Rs.15,000/- per year. Learned Tribunal while deducting one-third amount of Rs.15,000/- per year held that appellants are entitled for compensation of Rs.10,000/- multiplied by 12 and under other heads also. Accordingly, the Tribunal passed award of Rs.1,32,000/- as compensation in favour of the claimant-appellants. At the threshold, learned counsel appearing on behalf of the appellants submits that in view of the judgment reported in AIR 2007 SC 324, New India Assurance Company Vs. Satyendra & Others, Rs.1,80,000/- as compensation was to be awarded because daughter of appellants was 15 years of age. Learned counsel appearing on behalf of the insurance company does not dispute the legal position as per aforesaid judgment. After hearing both the sides, while taking into consideration the principle laid down in the judgment of the apex Court in aforesaid judgment, I deem it just and 3 proper to enhance the compensation from Rs.1,20,000/- to Rs.1,80,000/- under the head of income. Hon'ble Supreme Court in para 9 and 12 of the said judgment held as under : “9.There are some aspects of human life which are capable of monetary measurement, but the totality of human life is like the beauty of sunrise or the splendour of the stars, beyond the reach of monetary tape-measure. The determination of damages for loss of human life is an extremely difficult task and it becomes all the more baffling when the deceased is a child and/or a non-earning person. The future of a child is uncertain. Where the deceased was a child, he was earning nothing but had a prospect to earn. The question of assessment of compensation, therefore, becomes stiffer. The figure of compensation in such cases involves a good deal of guesswork. In cases, where parents are claimants, relevant factor would be age of parents. 12. 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.” While following the aforesaid judgment, the award under challenge is modified. The compensation under the 4 head of income is enhanced from Rs.1,20,000/- to Rs.1,80,000/- while maintaining the other part of the award passed by the learned Tribunal. This appeal is accordingly partly allowed. The enhanced amount, which is Rs.60,000/- shall be paid to the appellants within one month from today otherwise the appellants shall be entitled to interest at the rate of 9% per annum. (Gopal Krishan Vyas) J.