HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CIMA No. 58/2006 Date of Decision: 22.12.2008 Union of India and ors. Vs Gopu Ram & ors Coram: Mr. Justice J.P.Singh, Judge. Appearing counsel: For Appellant (s) : Mr. Ajay Sharma, CGSC. For Respondent(s) : Mr. R.P.Sapolia, Advocate. i) Whether to be reported in Press/Journal/Media : Yes/No ii) Whether to be reported in Digest/Journal : Yes/No Questioning the quantum of compensation awarded by Motor Accidents Claims Tribunal, Jammu to the respondents-claimants for the death of Rajesh Kumar, a student of 9th Class, who had died while travelling in appellants’ Tipper bearing Registration No. 98E- 66285, when it had rolled down near Ungai Nallah, Doda because of the rash and negligent driving of appellants’ driver, Union of India has come up in appeal to this Court. Appellants’ counsel, Mr. Ajay Sharma submits that in the absence of any evidence produced by the claimants, the Tribunal was not justified in awarding compensation to the grand-parents. He additionally submitted that the compensation awarded to the claimants being on higher side needs to be reduced. 2 I have considered the submissions of learned counsel for the parties and gone through the records. As the claimants have not led any evidence to prove the dependency of the grand parents on the income of Rajesh Kumar deceased so they may not be entitled to claim compensation for his death additionally because being class 2nd heirs under the Jammu and Kashmir Hindu Succession Act, 1956, they cannot maintain claim petition seeking compensation for the death of their grand child in the presence of his surviving mother. Award made by the Tribunal in favour of respondent nos. 1 & 2 cannot thus sustain and is liable to be set aside. Award made by the Tribunal in favour of respondent no. 3 cannot, however, be questioned for lack of evidence because death of Rajesh Kumar in accident involving appellants’ Tipper No. 98E- 66285 stands admitted by the appellants in their objections. Perusal of the Tribunal’s award indicates that it had erred in awarding an amount of Rs.3,10,000/- as compensation to the mother of Rajesh Kumar who was 15 years old at the time of his death. Loss of a child to the mother is irrecoupable and cannot be compensated as such by any amount of money. This loss has, however, resulted in much damage to the claimant because her husband Sham Dass too had died in the same accident leaving the claimant Mangal Dai without any support of any type whatsoever for her sustenance. 3 Having regard to the poor strata of the society to which Mangal Dai, the mother of the deceased is stated to belong, her reasonable expectation of pecuniary benefit from the earnings of the minor, had he lived, thus needs to be kept in view while assessing just compensation to her. As nothing has been brought on records by the appellants to prove that the deceased was unhealthy, sick or a rickety child and a bad student so, in view of law laid down in Lata Wadhwa and ors vs. State of Bihar and ors, reported as (2001)8 SCC 197, I think it appropriate to take the annual contribution of the deceased to his mother at Rs. 24,000/- per annum. Adopting 13 as against the prescribed multiplier of 16 for the age group of the persons like the mother of the deceased, the compensation payable to the respondent no.3-claimant- Mangal Dai would come to Rs.3,37,000/- which includes the conventional amount of Rs. 25,000/- for loss of love and affection. Allowing this appeal, Tribunal’s award dated September 26, 2005 , insofar as it awards compensation to respondent no.s. 1 and 2 in claim petition no. 648/Claim, is, accordingly, set aside; it shall, however, stand modified insofar as it pertains to respondent no.3, the mother of the deceased, who shall be entitled to receive an amount of Rs. 3,37,000/- for the death of her son along with interest as allowed by the Tribunal. The amount payable to Smt. Mangal Dai-respondent no.3 in terms of this judgment shall be released in her favour along with 4 interest accrued thereon. Rest of the amount shall be released in favour of the appellants. ( J. P. Singh ) Judge Jammu 22.12.2008 Anil Raina, Secy.