JUDGMENT
C.M. Nayar
(1) The present appeal is directed against the award dated October 13, 1981 passed by Shri P.R-Thakur, Judge, Motor Accidents Claims Tribunal, Delhi.
(2) Ramesh Kumar who was aged about 15 years at the time of accident was son of the appellants. He died in the road accident which took place on October 14,1976 at about 7.15 a.m. at Dina Nath Road within the jurisdiction of Police Station Subzi Mandi. The deceased was sitting on the front rod of the cycle which was being plied by Sat Pal, when truck No. DLL-1555 driven at a fast speed in a reach and negligent manner by respondent No.1 came from the opposite direction and struck against the cycle as a result of which the front wheel of the truck passed over the deceased. Sat Pal had got down from the cycle before the truck struck. The deceased was removed to Hindu Rao Hospital and thereafter to Northern Railway Hospital where he died on October 16,1976. The claim petition was filed by the appellants for the award of Rs. 1,00,000.00.
(3) The deceased was a student of 9th Class in Birla Higher Secondary School, Shakti Nagar, Delhi and also stated to be learning the work of Radio Mechanic Engineering in the School. It was mentioned in the petition that after one year the deceased would have become an efficient radio mechanic and earned handsome income. The deceased was the eldest son of the appellants who ad pinned all their hopes on him, as he was stated to be an intelligent student. Respondent No. I was the driver of the offending truck. Respondent No. 2 was the owner of the truck and also the employer of respondent No.1. Respondent No.3 was the Insurance Company with which the truck was insured as on the date of accident.
(4) The said respondents contested the claim and filed the written statements. The factum of the accident, the ownership and the insurance of the truck were admitted. The plea was taken that the accident took place on account of rash and negligent cycling of Sat Pal, who had struck against the truck. The allegations attributing negligence on the part of the truck driver were denied. It was alleged that Sat Pal, all of a sudden, jumped from the cycle leaving the cycle moving on the road and in that process the cycle struck against the truck. The following issues were framed on the pleadings of the parties: Whether the deceased Ramesh Kumar sustained fatal injuries due to ash and negligent driving on the part of respondent No.1, Ramesh :hander while driving vehicle No. DLL-1555 (Truck)? Opp Whether the petitioners are the legal representatives of the deceased? To what amount of compensation, if any, are the petitioners entitled and from whom?
(5) RELIEF. . The Tribunal assessed the evidence on record and arrived at a finding that the truck driver who was driving the truck at a fast speed went to the wrong side of the road and hit against the cycle as a consequence of which the deceased sustained injuries. The truck driver was also arrested, challaned and prosecuted by the police which resulted in his conviction and sentence. Therefore, on the evidence on record, it cannot be said that the finding suffers from any illegality and infrmity. The same is accordingly affirmed.
(6) The appellants were parents of the deceased and accordingly were held to maintain the claim of damages. Issue No.2 was decided accordingly.
(7) The learned judge next considered the quantum of compensation while disposing of issue No.3. The deceased was student of 9th class and his date of birth in School Leaving Certificate was recorded as April 23,1962, which establishes that he was about 141/2 years of age at the time of accident. The mark sheet and the certificate from the principal of the school indicated that the deceased was an above average student. It has also come in evidence, as has been noticed by the Tribunal, that the deceased was the eldest son in the family. The history of longevity was proved as the grand parents of the deceased were still alive and aged 80 and 75 years respectively at the relevant time. The Tribunal then referred to the judgments of the Supreme Court as reported in C.K. Subramania Iyer and Others v. T. Kunhi Kuttan Nair and Others, 197Q AC] 110 which was cited by Counsel for the respondents. In this case, the deceased was aged about 8 years when he was hit by the offending bus on February 26,1956. The law on the subject was discussed and the compensation for the amount of Rs. 6,000.00 as awarded was upheld. The learned Judge also noticed the judgment of the Madhya Pradesh High Court as reported in Kasturi Lal and Another v. Prabhakar and Another 1970 Acj I which dealt with the case of a boy of 13 years and an award of Rs. 19,500.00 was upheld in the facts and circumstances of that case. The Tribunal taking into consideration the age of the deceased, future prospects and family background as well as the element of longevity of life in the family awarded a sum of Rs. 15,000.00 in favor of the appellants. This has been presently impugned by the appellants-claimants and enhancement to the amount of Rs. 1,00,000.00 has bee” claimed.
(8) The facts are not in dispute. The deceased was aged about 141/2 years and was a student of 9th class.He was learning the work of Radio Mechanic Engineering in the School and it was expected that he would have become an efficient Radio Mechanic and contributed to the income of the family. The father of the deceased, at the relevant time, was employed as a clerk getting Rs. 550.00 per month after deductions. In this backgrou, the Tribunal was quite correct to hold that ‘the deceased was needed most and his support to the family was more valuable than in the case of a well-to-do family. The deceased had attained the age when uncertainties of childhood were not in existence and he was expected to look after and support the family after a few years. The learned Counsel for the appellants has also referred me to the evidence on record to establish that the deceased was contributing his help in the household work and some allowance should have been given for arriving at a fair and just compensation.
(9) The award of compensation in the case of a young boy, who had not started earning, is not easy to assess. The mode of assessment of damages in such cases is not free from doubt. It is beset with certain difficulties as it depends on many imponderables. This is so noticed by the Supreme Court in the judgment of C.K. Subramania lyer and Others (supra). The case has to be considered on the basis of the available data which cannot be ascertained accurately but has to be based on an assessment or even conjecture. Paragraphs 12 and 13 of the above said judgment deal with this situation and it may be relevant to reproduce the same hereunder: 12 In Gobald Motor Services Ltd. and Anr. v. Rmk Veluswami and Ors., this Court held that the actual extent of the pecuniary loss to the aggrieved party may depend on a data which cannot be ascertained accurately but must necessarily be an estimate, or even partly a conjecture. Shortly stated, the general principle is that the pecuniary loss can be ascertained only by balancing on the one hand the loss to the claimants of the future pecuniary benefit and on the other any pecuniary advantage which from whatever source comes to them by reason of the death, that is, the balance of loss and gain to a dependent by the death must be ascertained. Therein it was further observed that where the Courts below have on relevant material placed before them ascertained the amount of damages under the head of pecuniary loss to the dependents of the deceased, such findings cannot be disturbed in second appeal except for compelling reasons. 13. The law on the point arising for decision may be summed up thus: Compulsory damages under Section Ia of the Act for wrongful death must be limited strictly to the pecuniary loss to the beneficiaries and that under Section 2, the measure of damages is the economic loss sustained by the estate. There can be no exact uniform rule for measuring the value of the human life and the measure of damages cannot be arrived at by precise mathematical calculations but the amount recoverable depends on the particular facts and circumstances of each case. The life expectancy of the deceased or of the beneficiaries whichever is shorter is an important factor. Since the elements which go to make up the value of the life of the deceased to the designated beneficiaries are necessarily personal to each case, in the very nature of things, there can be no exact or uniform rule for measuring the value of human life. In assessing damages, the Court must exclude all considerations of matter which rest in speculation or fancy though conjecture to some extent is inevitable. As a general rule parents are entitled to recover the present cash value of the prospective service of the deceased minor child. In addition they may receive compensation for loss of pecuniary benefits reasonably to be expected after the child attains majority. In the matter of ascertainment of damages, the Appellate Court should be slow in disturbing the findings reached by the Courts below, if they have taken all the relevant facts into consideration.”
(10) The Tribunal has awarded a sum of Rs. 15,000.00 which the learned Judge has considered as just and reasonable. There is no positive reasoning to sustain this award. The learned Counsel has correctly contended that in the near future, the deceased would have contributed his share to the family. The deceased in the present case belonged to a middle class family and it cannot be ruled out that he would have contributed to supplement the income of the family in 3/4 years. He was continuing the school education and was an average student. There was, therefore, every likelihood that he would have supported his parents in the years to come. He was a healthy boy and there was all likelihood of his continuing to live for long period in view of the history of longevity in the family. In this background it is quite reasonable to expect that the appellants have suffered as a result of the death of their elder son. The award of compensation cannot be based on any mathematical calculation in such cases but has to be partly on the basis of facts available on record and partly on guess work.
(11) The Motor Vehicles Act has been amended and Section 163-A has now provided the mode of compensation by introducing special provision as to payment on structured formula basis in the case of death or permanent disability due to accident and the same is so specified in the Second Schedule wherein it is indicated that when the age of the victim is 15 years and his annual income is in the range of Rs. 3,000.00 it will be appropriate to use the multiplier of 15 and award a compensation Rs. 60,000.00. Similarly the compensation is enhanced if the income is beyond Rs. 3,000.00 such as Rs. 4,200.00, Rs. 5,400.00 etc. In the present case the deceased was a young boy of 15 years and had no income at the time of the death. The learned Counsel for the appellants has referred me to paragraph 6 of the schedule wherein it is stated that the notional income can be computed for compensation of those who had no income prior to accident. Taking an overall view of the facts and circumstances of the present case I am inclined to enhance the compensation of the appellants to Rs. 70,000.00. The appellant shall also be entitled to interest @15% per annum from the date of petition till realisation. The amount, if any, which has already been disbursed to the appellants shall be taken into consideration in assessing the amount now held payable. The Insurance Company, respondent No.3, pleaded before the Tribunal that its liability was limited to Rs. 50,000.00. There was no issue with regard to this averment nor any finding was returned. The amount now awarded shall be deposited by respondent No. 3 with the Registrar of this Court within two months and shall be payable to the appellants-claimants on verification.
THE appeal is allowed in the above terms with costs which are quantified at Rs. 2,500.00.