JUDGMENT
Mohan Shantanagoudar, J.
1. This appeal is filed by the claimants praying for enhancement of compensation awarded by the Tribunal below. Master Syed Sameer Ulla, aged about 13 years, has lost his life leaving behind the claimants as his legal representatives. The Tribunal has awarded compensation of Rs. 1,51,500/- in all under various heads with 8% interest per annum.
2. The Tribunal awarded compensation in accordance with the dictum laid down in the judgement of this Court in the case of Mohammed Salar and Ors. v. Syed Ibrahim and Ors. . In the said matter, the deceased was 7 years’ old and this Court proceeded to award compensation of Rs. 1,52,000/-
3. In the case of New India Assurance Co. Ltd. v. Satendar and Ors. , the Apex Court has awarded compensation of Rs. 1,80,000/- for the death of child of 9 years. The Apex Court in the said matter has relied upon various judgements including the judgement in the case of Lata Wadhwaand Ors. v. State of Bihar and Ors. . The Apex Court while interpreting Lata Wadhar’s case observed thus:
11. This Court in Lata Wadhwa’s cases while computing compensation made distinction between deceased children falling within the age group of 5 to 10 years and age group of 10 to 15 years.
4. Thus it is clear from the observation of the Supreme Court, quoted above, that the distinction has to be made between the deceased children within the age group of 5 to 10 years and the age group of 10 to 15 years. As in the said matter the deceased was 9 years, the Court proceeded to award Rs. 1,80,000/- compensation with 7.5% interest.
In Lata Wadhwa’s case, cited supra, the children were divided into two groups. First group is of deceased children aged between 5 and 10 years and second one, between 10 and 15 years. It was decided therein that the appropriate compensation amount for the death of the children aged between 5 and 10 years should be Rs. 2,00,00/- whereas for the death of the children aged between 10 and 15 years, the compensation was worked out at Rs. 4,10,000/-assessing their contribution to the family at Rs. 24,000/- per annum. ’15’ multiplier was adopted for the said purpose.
5. From me aforesaid judgment, it is clear that for the death of the children aged more than 10 years, the compensation to be awarded would be more than the compensation to be awarded for the death of the children aged about 5 to 10 years. As it has been held by the Apex Court in the case of New India Assurance Co. Ltd. v. Satendar and Ors. cited supra, that the compensation to be awarded for the death of the children having age group of 5 to 10 years is Rs. 1,80,000/- as a necessary corollary it is to be concluded that the compensation to be awarded for the death of the children of the age group of 10 to 15 years should be more than Rs. 1,80,000/-.
6. The Apex Court in the case of Manju Devi and Anr. v. Musafir Paswan and Anr. , has awarded compensation of Rs, 2,25,000/- for the death of the boy aged about 13 years. While doing so, the Apex Court assessed the income of the deceased notionally at 15,000/- p.a., in view of the second schedule, (income of the non-earning member), and applied multiplier of 15 and awarded compensation of Rs. 2,25,000/-.
The Apex Court in the case of Oriental Insurance Co. Ltd. v. Syed Ibrahim and Ors. 2007 ACJ 2816, has awarded compensation of Rs. 51,500/- as compensation for the death of child about 7 years. During the course of judgment, inpara-8, the Apex Court has observed thus:
This Court in Lata Wadhwa’s case, 2001 ACJ 1735 (SC), while computing compensation made distinction between deceased children falling within the age group of 5 to 10 years and age group of 10 to 15 years.
7. Hence, it is clear from the said observation that the deceased children having age group of 10 to 15 years fall in different category and the claimant in such matters should get more compensation than the compensation that would be awarded for the death of children having age group of 5 to 10 years. It is thus the consistent view of the Supreme Court that the compensation to be awarded for the death of children having age group of 10 to 15 years, should more than the compensation to be awarded for the death of the children within the age group of 5 to 10 years.
Because of uncertainties of life, the Apex Court in the cases reported in 2007 ACJ 2816 and ( (sited supra), has awarded compensation of Rs. 51,500/- and Rs. 1,80,000/-respectively for the children below the age of 10 years. There cannot be any dispute that as the child grows, uncertainties of life will be reduced. Thus, naturally, the compensation to be awarded for the grown up children between the age groups of 10 to 15 years would be more than the compensation to be awarded for the death of children below the age of 10 years.
8. In the case of Hardev Singh and Anr. v. Dharam Singh and Anr. , wherein the the deceased girl was about 16 years, and in the case of New India Assurance Co. Ltd. v. Dhanpal Singh Panwar and Ors. , wherein the deceased girl was 13 years, the Uttaranchal High Court, has followed the judgment of the Apex Court in Manju Devi’s case, cited supra and awarded compensation of Rs. 2,25,000/-.
9. So also, Punjab and Haryana High Court in the case of Nirmal Maria v. Ram Singh and Ors. , (wherein the deceased was 14 years); Madras High Court in the case of M. Lakshmi and Ors. v. D. Chandram and Anr. , (wherein the deceased was 16 years) and Rajastan High Court in the case of S.C. Mittal and Ors. v. Rajasthan State Road Transport Corporation and Ors. , have awarded compensarion of Rs. 2,25,000/- by following the judgment of the Apex Court in Manju Devi’s Case. In the case of Mohammed Waseem v. Israul Hag and Anr. 2007 ACJ 437, the Allahabad High Court has awarded compensation of Rs. 2,25,000/- for the death of the child.
10. From the aforementioned, it is clear that various High Courts, Nation wide by following the judgment in Manju Devi’s ease, cited supra, have been awarding compensation of Rs. 2,25,000/- for the death of the children aged 10 to 15 years. There is no reason as to why this Court should not fall in line with the other High Courts and the Apex Court, by awarding compensation of Rs. 2,25,000/- for the death of the children having age group of 10 to 15 years. In the case of hand, the deceased was 13 years’ old. Therefore, the compensation as awarded in Manju Devi’s Case cited supra by the Apex Court has to be awarded in this matter also.
It is relevant to note here itself that the Division Bench of this Court in the case of Muktumsab and Anr. v. K. Lakshmamma and Anr. M.F.A. No. 5040/2004 (MV), disposed of on 13th January 2006, by relying upon the judgment of the Apex Court in the case of Manju Devi’s case, cited supra, has awarded compensation of Rs. 2,25,000/- for the death of the child.
11. In view of the same, this Court awards Rs. 2,25,000/-compensation at 6% interest. Accordingly, the following order is made:
The claimants – appellants are entitled to total compensation of Rs. 2,25,000/- which is inclusive of the amount already awarded by the Tribunal. Enhanced compensation shall carry interest at 6% from the date of petition till the date of realisation. 50% of the awarded amount shall be deposited in any Nationalised Bank of the claimants’ choice for a period of three years. The claimants – appellants are at liberty to withdraw the accrued interest from time to time. The remaining amount shall be disbursed to the claimants – appellants. Award of the Tribunal is modified. Award shall be drawn accordingly.
Appeal is partly allowed.
