IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 9682 of 1995 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? -------------------------------------------------------------- MANGALBHAI RANCHHODBHAI ALPADA & ANR. Versus GEN. MANAGER, STATE TRANSPORT CORPN., GUJ. STATE -------------------------------------------------------------- Appearance: MR NB ANJARIA for Petitioners None present for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 23/10/96 ORAL JUDGEMENT 1. The matter was called out for hearing in the first round then in the second round and lastly in the third round, but none put appearance on behalf of the respondent. 2. Heard learned counsel for the petitioners and perused the Special Civil Application. On 8-10-1978 both the petitioners and their minor son Dinubhai aged 8 years were going to their field for labour work. While they were passing on the left hand side of the Umreth Dakor road, the bus bearing No.GRS 7006 came from behind with excessive speed without blowing any horn and dashed against their minor son. The minor son of the petitioners died on the spot after few minutes. The petitioners, the parents of the minor son lodged a claim for the compensation of Rs.25000/- in respect of the death of their minor son, but by purshis Ex.9 they reduced their claim to Rs.9999/- as they were not in a position to make the payment of Court fees for amount of Rs.25000/-. 3. The Tribunal has given a finding of fact that the incident occurred because of rash and negligent driving on the part of the driver of the bus. It has further recorded a finding of fact that the minor son of the petitioners received bodily injuries and thereupon died on the spot. While considering the question of entitlement of the amount of compensation by the petitioners, the Tribunal has allowed only Rs.4000/-. The Tribunal has considered that in this case, the claimants are entitled to the customary damages for the loss of life of their minor child. From the award of the Tribunal, it transpires that Shri Joshi who was appearing for the claimants argued that the petitioners should be awarded Rs.6000/as customary damages. From the award of the Tribunal it comes out that the Tribunal had agreed with the submission made by the learned counsel for the claimants and the amount as offered was held to be most fair. Though in the order, the Tribunal has stated " I agree with the submissions made by Shri Gandhi as it is most fair", I do not find anything in the award of the Tribunal whether the counsel who was appearing for the respondent Corporation has disputed the quantum of the amount of Rs.6000/- as stated to be fair to be awarded to the claimants. But curiously enough, the Tribunal has awarded only Rs.4000/- as compensation. How this figure of Rs.4000/- has been arrived at by the Tribunal has not been made clear. No reason good, bad or indifferent has been given by the Tribunal to figure compensation at Rs.4000/-. I do not consider it appropriate to go on the question whether the claimants could have been entitled for the amount of compensation other than the customary damages for the loss of life of their son, but nevertheless, the Tribunal has lost the sight of the fact that what actual amount has been demanded by these poor persons. They only valued their claim for Rs.25000/-, but because of their poverty or any other reason they were not in a position to arrange the court fees for the said amount, they reduced their claim to Rs.9999/-. 4. The counsel for the petitioner submitted that though in the year 1979 there was no provision for giving of the amount for no fault liability, but in the year 1982, the Motor Vehicles Act, 1939 has been amended and even in case of no fault, the compensation for the death was awarded to be Rs.15000/- and if a reasonable depreciation to this amount is given to bring what otherwise it would have been in case the Motor Vehicles Act, would have been amended in the year 1979 then too it will not be less than Rs.10000/-. Though broadly speaking the submissions may be hypothetical, but nevertheless it provides some guidelines to come to a reasonable amount of compensation to be awarded to the claimants, who are the parents of a child of 8 years who died as a result of the accident caused by the driver of the Corporation. If 10% reduction is given in the compensation to be awarded for no fault, as provided by amendment in the Motor Vehicles Act, 1939 in the year 1982, then this amount will come nearly to Rs.10000/- in the year 1979. So taking into consideration the matter from any angle, I am satisfied that the award of Rs.4000/- where only Rs.9999/- has been claimed is highly inadequate and unreasonable. Looking to the facts of this case, and keeping in view the legislature intention of awarding though from year 1982, the compensation for no fault liability, the amount of Rs.9999/- as claimed by the petitioners for compensation for the loss of the life of their son is not towards the higher side. 5. In the result, this Special Civil Application succeeds and the same is allowed. The order of the Motor Accident Claims Tribunal (Second), Kheda dated 31st July, 1979 made in M.A.C. Petition No.405 of 1978 is modified and it is hereby ordered that the petitioners would be entitled for Rs.9999/- as compensation for the loss of life of their son with proportionate costs and interest at the rate of 6% per annum from the date of application till the date of filing of this Special Civil Application on the difference of the amount i.e. the amount awarded by the Tribunal and amount awarded by this court. However, the petitioners shall be entitled for the interest at the rate of 12% from the date of filing of this Special Civil Application on difference of the amount till the date of realisation thereof. The respondents are further directed to pay Rs.1000/- by way of costs of this Special Civil Application. Looking to the fact that this matter is decided after so many years from the date of the accident, the difference of the amount together with the proportionate costs and interest in the ratio of 1:1 should be paid by the respondent to the petitioners within a period of three months from the date of receipt of certified copy of this order. Rule is made absolute in the aforesaid terms with the order as to costs as aforesaid. ********** zgs/-