# Ram Gopal v. Sahib Singh. & Anr

- **Citation:** (2014) 2 ILRA 669
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2014-05-13
- **Case number:** First Appeal From Order No. 1369 of 2009
- **Bench:** Devi Prasad Singh, Ashwani Kumar Mishra
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ram-gopal-v-sahib-singh-anr-42893
- **Pages:** 4

## Headnote

Motor Vehicle Act, 1988- Section 173appeal
for
enhancement
of
compensation-descend aged about 14
years and the age of parent 30-35Tribunal awarded only Rs. 1,54,500/-
applying principle of Kishan Gopal's caseNotional
income
per
annum
fixed
30,000/-applying 15 multiplier-would be
Rs. 4,50,000/-apart from Rs. 50,000/-for
love and affection award stand modified
accordingly.

Held: Para-7
Their Lordships' of Hon'ble Supreme
Court
awarded
an
amount
of
Rs.5,00,000/-
as
compensation.
The
compensation
awarded
by
Hon'ble
Supreme Court in the case of Kishan
Gopal (supra) seems to be squarely
covered the present case. The age of the
deceased (supra) was 10 years and
parents'
age
was
36
years,
their
Lordships' held that the amount of
Rs.4,50,000/- by applying multiplier of
15 should be awarded, in case where the
age of the deceased children is between
10-15 years. Accordingly, the present
case is squarely covered by the aforesaid
judgment. In the present case, we also
assess
the
notional
income
at
Rs.30,000/- per annum and by applying
multiplier of 15, award compensation of
Rs.4,50,000/- for loss of life.

Case Law discussed:
2013 ACJ 2594.

## Text

2 All] Ram Gopal Vs. Sahib Singh & Anr.
669
APPELLATE JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 13.05.2014

BEFORE
THE HON'BLE DEVI PRASAD SINGH, J.
THE HON'BLE ASHWANI KUMAR MISHRA, J.

First Appeal From Order No. 1369 of 2009

Ram Gopal ...Appellant
Versus
Sahib Singh. & Anr. ...Respondents

Counsel for the Appellant:
Sri Balendu Shekhar

Counsel for the Respondents:
Sri G.S. Gandhi, Sri Rajesh Nath

Motor Vehicle Act, 1988- Section 173appeal
for
enhancement
of
compensation-descend aged about 14
years and the age of parent 30-35Tribunal awarded only Rs. 1,54,500/-
applying principle of Kishan Gopal's caseNotional
income
per
annum
fixed
30,000/-applying 15 multiplier-would be
Rs. 4,50,000/-apart from Rs. 50,000/-for
love and affection award stand modified
accordingly.

Held: Para-7
Their Lordships' of Hon'ble Supreme
Court
awarded
an
amount
of
Rs.5,00,000/-
as
compensation.
The
compensation
awarded
by
Hon'ble
Supreme Court in the case of Kishan
Gopal (supra) seems to be squarely
covered the present case. The age of the
deceased (supra) was 10 years and
parents'
age
was
36
years,
their
Lordships' held that the amount of
Rs.4,50,000/- by applying multiplier of
15 should be awarded, in case where the
age of the deceased children is between
10-15 years. Accordingly, the present
case is squarely covered by the aforesaid
judgment. In the present case, we also
assess
the
notional
income
at
Rs.30,000/- per annum and by applying
multiplier of 15, award compensation of
Rs.4,50,000/- for loss of life.

Case Law discussed:
2013 ACJ 2594.

(Delivered by Hon'ble Devi Prasad Singh, J.)

1. Heard learned counsel for the
appellant and learned counsel for the
respondent-insurance company. This is an
appeal under section 173 of the Motor
Vehicle Act, against the impugned award
dated 28.8.2009, passed by the Motor
Accident
Claims
Tribunal/Additional
District and Sessions Judge, Court No.4,
Lucknow in Motor Accident Claim
Petition No.372 of 2007.

2. The controversy relates to an
accident occurred on 2.8.2007 at about 3.30
PM, in which son of the appellant, namely
Rama Shanker @ Renu succumbed to
injuries on account of accident caused by a
truck bearing registration no. UP 78 AT
7325 due to rash and negligent driving,
when he was on his way to home on
bicycle. The deceased Rama Shanker @
Renu was the sole legal heir and survival of
the parents assisting in agriculture work
also. Father of the deceased, namely Ram
Gopal is aged about 36 years, whereas the
deceased was aged about 14 years. The
tribunal has recorded the finding that the
accident occurred on account of rash and
negligent driving of the truck and awarded
compensation to the tune of Rs.1,54,500/-
assessing the notional income at the rate of
Rs.15,000/- per annum.

3.

The
respondent-insurance
company has not filed any appeal against
the finding recorded by the tribunal,
hence it seems to attain finality to the
670 INDIAN LAW REPORTS ALLAHABAD SERIES
extent that the factum of accident is
concerned. The present appeal has been
preferred for enhancement of compensation
on the ground that compensation to the tune
of Rs.,154,500/- is not just and proper as
required under section 166/168 of the Motor
Vehicle Act. Learned counsel for the
appellant has invited attention to a case
reported in 2013 ACJ 2594: Kishan Gopal
and another v. Lala and others. On behalf of
the respondent- insurance company, Sri
Rajesh Nath submits that the deceased was
aged about 14 years and being a nonearning member, the tribunal has awarded
required compensation, hence the impugned
award does not call any interference.

4. It is well settled proposition of law
that IInd Schedule of the Motor Vehicle Act
has outlived its utility and courts/tribunal
may award just and fair compensation in
pursuance to power conferred by section
166/168 of the Motor Vehicle Act.

5. Learned counsel for the appellant
further invited attention to the statement
given by P.W.2 Ram Gopal, father of the
deceased, who stated on oath that the
deceased was aged about 14 years and
after college hours he used to assist him in
the agriculture work. The assistance
provided by deceased/son was valuable
one. Apart from the fact that the deceased
was sole legal heir and successor of the
family, it is not disputed that the work of
agriculture requires certain skill and
knowledge. Accordingly, the assistance
provided by the deceased/son seems to be
valuable one for the family.

6. In case of Kishan Gopal (supra), a
boy aged about 10 years, assisting his
father and mother aged about 36 years in
their agriculture work, was found to be
valuable for the family. Hon'ble Supreme
Court has assessed notional income of the
deceased minor son of agriculturist at
Rs.30,000/- per annum and by applying
multiplier of 15, allowed a sum of
Rs.4,50,000/-
as
compensation
and
Rs.50,000/- under conventional heads for
loss of love and affection, funeral expenses,
last rites etc. The observation made by
Hon'ble Supreme Court in the case of Kishan
Gopal (supra) is reproduced as under:-

"Since we have set aside the findings
and reasons recorded by both the Tribunal
and the High Court on the contentious issue
Nos.1 & 2 by recording our reasons in the
preceding paragraphs of this judgment and
we have answered the point in favour of the
appellants and also examined the claim of the
appellants to award just and reasonable
compensation in favour of the appellants as
they have lost their affectionate 10 year old
son. For this purpose, it would be necessary
for us to refer to Second Schedule under
Section 163-A of the M.V. Act, at clause
No.6 which refers to notional income for
compensation to those persons who had no
income prior to accident. The relevant
portion of clause No.6 states as under:

"6.
Notional
income
for
compensation to those who had no
income prior to accident:

..............

(a)
Non-earning
persons
-
Rs.15,000/- p.a."

The aforesaid clause of the Second
Schedule to Section 163-A of the M.V.
2 All] Ram Gopal Vs. Sahib Singh & Anr.
671
Act, is considered by this Court in the
case of Lata Wadhwa & Ors. v. State of
Bihar & Ors., while examining the
tortuous liability of the tort-feasor has
examined the criteria for awarding
compensation for death of children in
accident between age group of 10 to 15
years and held in the above case that the
compensation shall be awarded taking the
contribution of the children to the family
at Rs.12,000/- p.a. and multiplier 11 has
been applied taking the age of the father
and then under the conventional heads the
compensation
of
Rs.25,000/-
was
awarded.
Thus,
a
total
sum
of
Rs.1,57,000/- was awarded in that case.
After noting the submission made on
behalf of TISCO in the said case that the
compensation determined for the children
of all age groups could be double as in its
view the determination made was grossly
inadequate and the observation was
further made that loss of children is
irrecoupable and no amount of money
could compensate the parents. Having
regard to the environment from which the
children referred to in that case were
brought up, their parents being reasonably
well-placed officials of TISCO, it was
directed that the compensation amount for
the children between the age group of 5 to
10 years should be three times. In other
words, it should be Rs.1.5 lakhs to which
under the conventional heads a sum of
Rs.50,000/- should be added and thus
total amount in each case would be Rs.2
lakhs. Further, in the case referred to
supra it has observed that in so far as the
children of age group between 10 to 15
years are concerned, they are all students
of Class VI to Class X and are children of
employees of TISCO and one of the
children was employed in the Company in
the said case having regard to the fact the
contribution of the deceased child was
taken Rs.12,000/- p.a. appears to be on
the lower side and held that the
contribution of such children should be
Rs.24,000/- p.a. In our considered view,
the aforesaid legal principle laid down in
Lata Wadhwa's case with all fours is
applicable to the facts and circumstances
of the case in hand having regard to the
fact that the deceased was 10 years' old,
who was assisting the appellants in their
agricultural occupation which is an
undisputed fact. We have also considered
the fact that the rupee value has come
down drastically from the year 1994,
when the notional income of the nonearning member prior to the date of
accident
was
fixed
at
Rs.15,000/-.
Further, the deceased boy, had he been
alive would have certainly contributed
substantially
to the
family
of
the
appellants by working hard. In view of the
aforesaid reasons, it would be just and
reasonable for us to take his notional
income at Rs.30,000/- and further taking
the young age of the parents, namely the
mother who was about 36 years old, at the
time of accident, by applying the legal
principles laid down in the case of Sarla
Verma v. Delhi Transport Corporation,
the multiplier of 15 can be applied to the
multiplicand. Thus, 30,000 x 15 =
4,50,000 and 50,000/- under conventional
heads towards loss of love and affection,
funeral expenses, last rites as held in
Kerala SRTC v. Susamma Thomas, which
is referred to in Lata Wadhwa's case and
the said amount under the conventional
heads is awarded even in relation to the
death of children between 10 to 15 years
old. In this case also we award
Rs.50,000/- under conventional heads. In
our view, for the aforesaid reasons the
said amount would be fair, just and
reasonable compensation to be awarded in
favour of the appellants. The said amount
672 INDIAN LAW REPORTS ALLAHABAD SERIES
will carry interest at the rate of 9% p.a. by
applying the law laid down in the case of
Municipal Council of Delhi v. Association of
Victims of Uphaar Tragedy5, for the reason
that the Insurance Company has been
contesting the claim of the appellants from
1992-2013 without settling their legitimate
claim for nearly about 21 years, if the
Insurance Company had awarded and paid
just and reasonable compensation to the
appellants the same could have been either
invested or kept in the fixed deposit, then the
amount could have earned five times more
than what is awarded today in this appeal.
Therefore, awarding 9% interest on the
compensation awarded in favour of the
appellants is legally justified."

7. Their Lordships' of Hon'ble
Supreme Court awarded an amount of
Rs.5,00,000/-
as
compensation.
The
compensation
awarded
by
Hon'ble
Supreme Court in the case of Kishan
Gopal (supra) seems to be squarely
covered the present case. The age of the
deceased (supra) was 10 years and
parents' age was 36 years, their Lordships'
held that the amount of Rs.4,50,000/- by
applying multiplier of 15 should be
awarded, in case where the age of the
deceased children is between 10-15 years.
Accordingly, the present case is squarely
covered by the aforesaid judgment. In the
present case, we also assess the notional
income at Rs.30,000/- per annum and by
applying
multiplier
of
15,
award
compensation of Rs.4,50,000/- for loss of
life.

Apart from Rs.4,50,000/-, under
conventional heads for loss of love and
affection, funeral expenses, last rites etc.
an amount of Rs.50,000/- is also awarded,
making total entitlement of the claimant
to the tune of Rs.5,00,000/-.

8. Accordingly, we allow the present
appeal and modify the impugned award to
the extent that the claimant shall be
entitled for the amount of Rs.5,00,000/-
along with 9% interest from the date of
filing of claim petition till the date of
payment. In terms of the judgment in the
case of Kishan Gopal (supra) we direct
the respondent- insurance company to
issue the demand draft drawn on any
nationalized bank along with interest in
pursuance to modify award, in favour of
the claimant and send it to the tribunal
within a period of two months and
tribunal shall hand over the demand draft
to the claimant expeditiously, say within a
period of one month.

Let the learned counsel for the
respondent-insurance
company
shall
inform
about
the
present
order
immediately to the insurer.

Accordingly, the present appeal is
allowed and the impugned award stands
modified.
--------
REVISIONAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 16.06.2014

BEFORE
THE HON'BLE MRS. VIJAY LAKSHMI, J.

Criminal Revision No. 1713 of 2014.

Siyaram & Anr. ...Applicants
Versus
State of U.P. ...Opp. Party

Counsel for the Petitioner:
Sri
Akanksha
Yadav