Judgment:
Shambhoo Singh, J.
1. This appeal is directed by the claimants against the award dated 27.11.1998 passed by the Seventh M.A.C.T. Indore, in Claim Case No. 157 of 1996 whereby compensation of Rs. 70,000 with interest at the rate of 12 per cent per annum from the date of claim application was granted.
2. The claimants' case in brief was that on 29.2.1995 at about 10 p.m. when the deceased Rakesh, son of the appellants, was going on his cycle, the truck No. UP 78-D 4085 driven by the respondent No. 2, owned by the respondent No. 1 and insured with the respondent No. 3 came in a rash and negligent manner and dashed against him as a result of which he sustained injuries and died on the spot. He was about 13 years of age and was earning Rs. 1,200 per month. The claimants filed claim application seeking compensation of Rs. 3,00,000. The respondent Nos. 1 and 2 remained absent. They were proceeded exparte. The respondent No. 3 resisted the claim. The Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the truck No. UP 78-D 4085 as a result of which the deceased Rakesh met with his death and awarded compensation of Rs. 70,000. As stated above, the claimants have filed this appeal for enhancement of compensation allowance.
3. Mr. S.S. Chawla, learned counsel for the appellants argued that the amount of compensation is hopelessly low. It must not be less than Rs. 1,50,000. He put reliance on the Supreme Court decision in Haji Zainullah Khan (Dead) by L.Rs. v. Nagar Mahapalika Allahabad 1994 ACJ 993 (SC) and the decision in case of Shanli Bai v. Charan Singh 1998 ACJ 848 (SC) and decision of this court in Rakesh v. Raju Sharma M.A. No. 859 of 1997, passed on 14.11.2000 by Division Bench of this court. On the other hand, Mr. Anil Goyal, learned counsel for the respondent No. 3 supported the impugned judgment.
4. We considered the arguments advanced by learned counsel for both sides and perused the record.
5. The fact of death of Rakesh as a result of rash and negligent driving of the offending vehicle has not been challenged before us and rightly so in view of overwhelming evidence on record.
6. The question for consideration is whether the compensation awarded by the Tribunal is on lower side and deserves to be enhanced. The Apex Court in case of Haji Zainullah Khan 1994 ACJ 993 (SC), awarded compensation of Rs. 1,50,000 for the death of a boy, who was aged 20 years at the time of accident and studying in B.Sc. Part I. In the case of Shanti Bai, the same amount was awarded for the death of a boy aged about 14 years belonging to labour class taking into consideration the fact that his elder brother was earning Rs. 10 per day by doing labour work keeping in view future economic prospects. This court in the case of Ramesh (supra) awarded compensation of Rs. 1,50,000 for the death of boy aged about 15 years.
7. It has come in the evidence that the deceased was 13 years old boy. He was earning Rs. 1,200 p.m. The learned Tribunal held that it cannot be expected that a boy of 13 years would work as labourer and earn Rs. 1,200 p.m. Though no evidence in rebuttal has been produced. Even otherwise it has been provided in Second Schedule to Section 163A of the Motor Vehicles Act that notional income for the purpose of compensation for those who had no income should be taken Rs. 15,000 per year. We, therefore, in the facts and circumstances of the case assess the income of the deceased at Rs. 1,200 p.m. On deducting '/3rd of it for personal expenses of the deceased, the dependency of the appellants would come to Rs. 800 p.m. and Rs. 9,600 yearly. Age of Kailash, the father of the deceased, is shown to be 35 years and that of the mother Basupati 30 years. In view of this multiplier of 15 is selected. On multiplying it with the multiplicand, amount of compensation comes to (Rs. 9,600 x 15) Rs. 1,44,000. The appellants are also entitled to Rs. 4,000 for loss of love and affection and Rs. 2,000 for funeral expenses. On addition of it, the amount of compensation would come to Rs. 1,50,000.
8. In the result, the appeal is partly allowed and the award is modified and it is directed that the respondents shall pay Rs. 1,50,000 severally and jointly to the appellants (after adjusting the amount already deposited) with interest at the rate of 12 per cent per annum from the date of filing of the claim application till realisation. Enhanced amount with accrued interest shall be deposited in equal share in nationalised bank for a period of six years. No order as to costs.