IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T (1) S.B. CIVIL MISC. APPEAL NO. 518/2006 KAILASH AND OTHERS VS. THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (2)S.B. CIVIL MISC. APPEAL NO. 522/06 KAMLA DEVI AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (3)S.B. CIVIL MISC. APPEAL NO.511/06 NARESH AND OTHERS VS. THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (4)S.B. CIVIL MISC. APPEAL NO.515/06 YOGESH PRASAD AAND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (5)S.B. CIVIL MISC. APPEAL NO.516/06 JAMNA DEVI AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (6)S.B. CIVIL MISC. APPEAL NO.519/06 KIRAN DEVI AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (7)S.B. CIVIL MISC. APPEAL NO.523/06 KAILASH AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (8)S.B. CIVIL MISC. APPEAL NO.524/06 RAM KISHAN AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (9)S.B. CIVIL MISC. APPEAL NO.514/06 LAXMAN AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (10)S.B. CIVIL MISC. APPEAL NO.520/06 ASHOK KUMAR VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (11)S.B. CIVIL MISC. APPEAL NO.508/06 JAI SHARAN AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (12)S.B. CIVIL MISC. APPEAL NO.510/06 SURESH AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (13)S.B. CIVIL MISC. APPEAL NO.528/06 JAI SHARAN AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (14)S.B. CIVIL MISC. APPEAL NO.531/06 MST. SHAUMTI AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (15)S.B. CIVIL MISC. APPEAL NO.290/06 VIMLESH AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS & (16)S.B. CIVIL MISC. APPEAL NO.292/06 KAMLA DEVI AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD. AND OTHERS (Against the award dated 6.10.2005 passed by Judge, Motor Accident Claims Tribunal, Additional District & Sessions Judge No. 1, Bayana (Bharatpur) in Claim case Nos. 96/95, 72/95,83/95, 82/95, 61/95, 79/95, 101/95,60/95,66/95,121/95,87/95,62/95, 107/01, 78/95 ,70/95 and 75/95) DATE OF ORDER :- MAY, 29, 2008, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Jitendra Mitruka Mr. Sunil Jain , for the appellants, Mr. Virendra Agrawal Mr. Ishwar Jain , for the respondents, BY THE COURT (ORAL) All these appeals are listed for admission. Both the parties agreed that it may be heard and finally disposed of. Since all these appeals, arise out of the same accident and only challenge pertains to quantum of compensation and hence, the same are finally disposed of by common judgment. These appeals have been preferred by the appellants, for enhancement of the claim against the Awards, passed by learned Motor Accident Claims Tribunal, Additional District & Sessions Judge No. 1, Bayana (Bharatpur) , vide Award dated 6.10.05. On 19.8.1990, the appellants and other persons were travelling in Bus No. RRD 8801 , which met with an accident with Bus No. U.P.T. 4568 coming from opposite direction , as a result of which the bus fell into the river and 48 persons died in that accident and 21 persons sustained grievous as well as simple injuries . The driver of the Bus No. 8801 also died in that accident. The accident occurred due to the rash and negligent driving of the bus driver of U.P.T. No. 4568 . Hence all these appeals. Counsel for the appellants argued that learned Tribunal has failed to award the adequate compensation to the claimants in the appeals on the ground that the learned Tribunal erred in deducting 1/3rd from the amount of earning/dependency in all the death claims though no assessment of annual earning of the victim as such was made and the earning was considered Rs. 15,000/- on notional basis only. As regards death claims of child victims, it was urged that assessment is on lower side and the same deserves to be enhanced on the basis of age ground of the child victim as held by the Hon'ble Apex Court as well as the co-ordinate Bench of this High Court in 2008 (1) (W.L.C.)(Raj.) 589, Smt. Malti and 52 others Vs. M.K. Vasu and 52 others . Per contra, learned counsel for the respondents supported the Award of the learned Tribunal on the ground that the Tribunal has awarded adequate compensation after holding the inquiry and the evidence adduced by the parties and the award does not call for any interference by this Court. In view of the submissions advanced and on going through the award, the record of the case , it may be noted that co-ordinate Bench of this High Court in Smt. Malti and 52 others (supra) had occasion to consider the matter pertaining to quantum of compensation in case of death of child victims or various age groups in the light of the guidelines of Hon'ble Apex Court in New India Assurance Co. Ltd. Vs. Satender and others (2007) (1) W.L.C. (S.C) Civil 196, as under:- “ With regard to compensation for the victim non-earning children, the Apex Court has extensively dealt with these aspects in case title New India Assurance Co. Ltd. Vs. Satender and others (2007)(1) WLC (SC) Civil 196. Therefore, these appeals are disposed of holding the claimants entitled to the following compensation”- “(i) the claimants of the victim child in the age group up to 5 years shall be entitled to compensation to a sum of Rs. One lac. (ii) the claimants of victim child in the age group of 5 to 10 years shall be entitle to a sum of Rs. 1,80,000/-. (iii) the claimants of victim child in the age group of 10 to 15 years shall be entitled to compensation to a sum of Rs. 2,25,000/-. In New India Assurance Co. Ltd. Vs. Satender and others (supra) the Apex Court while dealing with the case of a child of 9 years , granted compensation of Rs. 1,80,000/- and observed as under:- “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, 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.” In view of the above legal position, all such appeals which pertain to death claim of child victims deserve to be decided accordingly. Likewise, where the Tribunal has made assessment of earning, dependency by way of notional income of Rs. 15,000/- without assessing actual income of the deceased, the deduction of 1/3rd from such income is not justified. (1) S.B.C.M.A. No. 518/06 (Claim No. 96/95) In this claim petition, a child of about 18 years has expired in the accident and the learned Tribunal has assessed the income of the child to be Rs. 15,000/- per year and after deduction of 1/3rd amount, a total sum of Rs. 1,56,000/- has been awarded. In view of the legal position as stated here- in-above in New India Assurance Co. Ltd. Vs. Satender and other (supra), as well as Smt. Malti and 52 others (supra), the compensation deserves to be enhanced from Rs. 1,56,000 to Rs. 2,25,000/-. Accordingly the award is modified and the amount of compensation is enhanced from Rs. 1,56,000/- to Rs. 2,25,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (2) S.B. CIVIL MISC. APPEAL NO. 522/06(CLAIM NO. 72/95 In this claim petition, a child of about 18 years has expired in the accident and the learned Tribunal has assessed the income of the child to be Rs. 15,000/- per year and after deduction of 1/3rd amount, a total sum of Rs. 1,56,000/- has been awarded. Accordingly the award is modified and the amount of compensation is enhanced from Rs. 1,56,000/- to Rs. 2,25,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (3)S.B.CIVIL MISC. APPEAL NO. 511/06(CLAIM NO. 83/95) This appeal has been preferred by the dependents of deceased Radha Devi, aged 32 years and the learned Tribunal has awarded the compensation by assessing her income be Rs. 15,000/- per year and after deduction of 1/3rd amount against her expenses. In view of the submissions, it is revealed that the lady was a non-earning member and as such she was contributing the family and the amount of Rs. 15,000/- is by way of contribution and not by way of earning and as such 1/3rd amount against her expenses is not required to be deducted and appropriate multiplier of 17 in place of 16 is required to be adopted and accordingly the amount of compensation is computed as under:- “15,000 x 17 + Rs. 7,000/- already awarded under other heads:- Rs. 2,62,000/-.” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 1,67,000/- to Rs. 2,62,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (4)S.B.CIVIL MISC. APPEAL NO. 515/06 (CLAIM NO. 82/95) This appeal has been preferred by the dependents of deceased Ramshri , aged 45 years and the learned Tribunal has awarded the compensation by assessing his income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, the amount has been computed . As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted and as per the age, the multiplier of 15 instead of 13 should have been applied and the amount is computed as under:- “15,000 x 15 + Rs. 12,000/- already awarded under other heads:- the amounts comes to be Rs.:-2,37,000/-.” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 42,000/- to Rs. 2,37,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (5) S.B. CIVIL MISC. APPEAL NO. 516/06(CLAIM NO. 61/95) This appeal has been preferred by the dependents of deceased Ram Lal , aged 45 years and the learned Tribunal has awarded the compensation by assessing his income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd , a sum of Rs. 1,69,000/- has been awarded as compensation . As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted and as per the age, the appropriate multiplier of 15 instead of 13 should have been adopted . “15,000 x 15 + Rs. 39,000/- already awarded under other heads:- the amounts comes to Rs.:-2,64,000/-.” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 1,69,000/- to Rs. 2,64,000/-. with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (6) S.B. CIVIL MISC. APPEAL NO. 519/06(CLAIM NO. 79/95) This appeal has been preferred by the dependents of deceased Ramji Lal , aged 55 years and the learned Tribunal has awarded the compensation by assessing his income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, a sum of Rs. 77,000/- has been awarded as compensation . As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted and as per the age, the appropriate multiplier of 11 instead of 5 should have been adopted as per the II Schedule to the Motor Vehicles Act. “15,000 x 11 + Rs. 27,000/- already awarded under other heads:- the amounts comes to Rs. 1,92,000/-.” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 77,000/- to Rs. 1,92,000/-. with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (7) S.B. CIVIL MISC. APPEAL NO. 523/06(CLAIM NO. 101/95) This appeal has been preferred by the dependents of deceased Lal Kaur, aged 40 years and the learned Tribunal has awarded the compensation by assessing her income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, a sum of Rs. 1,38,000/- has been awarded as compensation . As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted. Hence the amount can be calculated as under:- “15,000 x 13 + Rs. 8,000/- already awarded under other heads:- the amounts comes to Rs.:-2,03,000/-.” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 1,38,000/- to Rs. 2,03,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (8) S.B. CIVIL MISC. APPEAL NO. 524/06(CLAIM NO. 60/95) This appeal has been preferred by the dependents of deceased Sunder Pal, aged 60 years and the learned Tribunal has awarded the compensation by assessing his income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, a sum of Rs. 58,000/- has been awarded as compensation after applying multiplier of 5 instead of 8 as per the II Schedule to the Motor Vehicles Act. As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted. Hence the amount can be calculated as under:- “15,000 x 8 + Rs. 8,000/- already awarded under other heads:- the amounts comes to Rs.:-1,28,000/-.” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 58,000/- to Rs. 1,28,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (9) S.B. CIVIL MISC. APPEAL NO. 514/06(CLAIM NO. 66/95) This appeal has been preferred by the dependents of deceased Kumar Pal, aged 29 years and the learned Tribunal has awarded the compensation by assessing his income to be Rs. 15,000/- per year as per the II Schedule to the Motor Vehicles Act adopting multiplier of 11 instead of 18. As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted. Hence the amount can be calculated as under:- “15,000 x 18 + Rs. 14,000/- already awarded under other heads:- the amounts comes to Rs.:- 2,84,000/- .” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 1,10,000/- to Rs. 2,84,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (10) S.B. CIVIL MISC. APPEAL NO. 520/06(CLAIM NO. 121/95) This appeal has been preferred by the dependents of deceased Roop Kishore, aged 50 years and the learned Tribunal has awarded the compensation by assessing her income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, amount against her expenses. As the learned Tribunal has considered the income on notional basis, 1/3rd amount is not required to be deducted and accordingly the amount of compensation is computed as under:- “15,000 x 11 + Rs. 5,000/- already awarded under other heads:- the amounts comes to Rs.:- 1,70,000/-.” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 85,000/- to Rs. 1,70,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (11) S.B. CIVIL MISC. APPEAL NO. 508/06(CLAIM NO. 87/95) This appeal has been preferred by the appellants on account of the death of Vishal, aged 1 year and the learned Tribunal has awarded sufficient amount of Rs. 1,32,000/- , as compensation looking to the age of the child, which requires no interference. Therefore, the appeal filed by the appellants Jaisharan and Smt. Sushma stands dismissed. (12) S.B. CIVIL MISC. APPEAL NO. 510/06(CLAIM NO. 62/95) This appeal has been preferred by the dependents of deceased Ghisa Ram, aged 50 years and the learned Tribunal has awarded the compensation by assessing his income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, a sum of Rs.1,20,000/- has been awarded as compensation . As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted and as per the age, the appropriate multiplier of 15 instead of 13 should have been adopted . “15,000 x 11 + Rs. 10,000/- already awarded under other heads:- the amounts comes to Rs.:- 1,75,000/-” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 1,20,000/- to Rs. 1,75,000/-. with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. 13. S.B.CIVIL MISC. APPEAL NO. 528/07 (CLAIM NO. 107/01) This appeal has been preferred by the dependents of deceased Raghunath Prasad , aged 60 years and the learned Tribunal has awarded compensation by assessing his income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, a sum of Rs. 50,000/- has been awarded as compensation . As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted.Hence the amount can be calculated as under:- “15,000 x 5 = Rs. 75,000/-.” Accordingly the award is modified and the amount of compensation is enhanced from Rs. 50,000/- to Rs. 75,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (14) S.B.C.M.A NO. 531/06(CLAIM PET. NO. 78/95). This appeal has been preferred by the appellants on account of the death of Krishna, aged 22 years and the learned Tribunal has awarded the compensation by assessing his income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, a sum of Rs. 1,70,000/- has been awarded as compensation . As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted and as per the age, the appropriate multiplier of 17 instead of 16 should have been adopted . Hence the amount can be calculated as under:- “15,000 x 17 + Rs. 10,000/- already awarded under other heads:- the amounts comes to Rs.:- 2,65, 000/-. Accordingly the award is modified and the amount of compensation is enhanced from Rs. 1,70,000/- to Rs. 2,65,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (15) S.B. CIVIL MISC. APPEAL NO. 290/06(CLAIM NO. 70/95) This appeal has been preferred by the dependents of deceased Chandra Bhan , aged 25 years and the learned Tribunal has awarded the compensation by assessing his income to be Rs. 15,000/- per year on notional basis and after deduction of 1/3rd, a sum of Rs. 2,02,000/- has been awarded as compensation . As the learned Tribunal has considered the income on notional basis , 1/3rd amount is not required to be deducted . Hence the amount can be arrived at as under:- “15,000 x 18 + Rs. 8,000/- already awarded under other heads:- the amounts comes to Rs.:-2,78,000/- '' Accordingly the award is modified and the amount of compensation is enhanced from Rs. Rs. 2,02,000/- to Rs. 2,78,000/- with 6% interest p.a. from the date of appeal i.e. 4.1.06 to be paid within three months, failing which the amount so enhanced shall further entail interest @ 9% p.a. (16) S.B. CIVIL MISC. APPEAL NO. 292/06(CLAIM NO. 75/95) This appeal has been preferred by the dependents of deceased Mukut Lal , aged 46 years , who was III Grade Teacher, earning Rs. 2650/- p.m. and adequate compensation has been awarded as the salary of the deceased was found to be Rs. 2650/- and after deducting 1/3rd amount, the amount was calculated and no interference is called for . The same is dismissed accordingly. Resultantly, all the above appeals stand disposed of in the manner indicated herein above. (Guman Singh)J.