Judgment:
FAO No.2994 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2994 of 1999 Date of decision :05.02.2014 Harmesh and another .....Appellants Versus Hans Raj and others .....Respondents **** CORAM : HON'BLE Mr.JUSTICE AJAY TEWARI **** Present : Mr.Suresh Monga, Advocate for the appellants.
Mr.Gaurav Gaur, Advocate for respondent No.1.
Mr.Abhinav Kala, Advocate.
***** i.
Whether Reporters of local papers may be allowed to see the judgment?.
ii.
To be referred to the Reporters or not?.
iii.Whether the judgment should be reported in the Digest?.
AJAY TEWARI, J.
(Oral) This appeal has been filed for enhancement of compensation in respect of the death of a minor girl of the age of 7 years in a motor vehicle accident.
In brief the facts of the case are that on 11.10.1997 claimant No.1 along with his daughter Lovely had gone to Kumar Provisions Store, Durga Nagar, Ambala City for purchasing some household goods.
His daughter was standing outside the shop, much away from the road.
In the meantime a truck bearing No.HR-39-1862 being driven by respondent No.1 in a rash and negligent manner,without blowing any horn, came from Ambala City side and hit his daughter.
She was crushed under the front left Nagpal Sunita 2014.02.21 13:32 I attest to the accuracy and integrity of this document FAO No.2994 of 1999 2 hand side tyre of the truck and died at the spot.
The Tribunal held respondent No.1 liable for causing the accident and awarded a sum of Rs.60,000/- as compensation.
Learned counsel for the appellants has relied upon a judgment in the case of Manju Devi versus Musafir Paswan, VII (2005) SLT257 where the Hon'ble Supreme Court awarded compensation of Rs.2,25,000/- in respect of death of a 13-years old boy by applying the multiplier of 15 and taking the notional income of Rs.15,000/- as per the Second Schedule of the Motor Vehicles Act.
The relevant portion of the said judgment is reproduced hereunder:- "As set out in the Second Schedule to the Motor Vehicles Act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied.
As per the Second Schedule, he being a non-earning person, a sum of Rs.15,000/- must be taken as the income.
Thus, the compensation comes to Rs.2,25,000/-.”
.
Following the same proposition of law as laid down in the above cited case, I also grant an amount of Rs.2,25,000/- to the claimants in respect of the death of their minor daughter Lovely.
The amount already awarded shall stand deducted.
However, learned counsel for the insurance company has argued that as per the award the appellants had received interest at the rate of 12% p.a.but keeping in view the judicial trend today this interest should not be granted on the enhanced amount.
I find merit in this argument and consequently direct that on the enhanced amount the appellants would be entitled to interest at the rate of 8% p.a.from the date of filing of the claim petition till realisation.
Nagpal Sunita 2014.02.21 13:32 I attest to the accuracy and integrity of this document FAO No.2994 of 1999 3 With the modification in the award, the appeal is allowed to the above extent.
( AJAY TEWARI ) JUDGE February 05 , 2014 sunita Nagpal Sunita 2014.02.21 13:32 I attest to the accuracy and integrity of this document