Case Note & Summary
The case arises from a motor accident claim petition filed by the parents (respondent nos.1 and 2) of a 12-year-old boy, Abhishek, who died in a road accident on 2nd November 1993 when a truck hit his bicycle. The Motor Accident Claims Tribunal, Nanded, awarded compensation of Rs.2,52,000/- with interest at 9% per annum from the date of petition. The appellant, Manjeetsingh Sarmukh Singh, who was the original respondent no.1 (owner of the truck), appealed against the award, contending that the compensation was excessive given the deceased's age and that he had transferred the truck to respondent no.4 before the accident, thus he should not be liable. The court examined two issues: the quantum of compensation and the liability of the appellant. On quantum, the court noted that the Tribunal had taken a notional income of Rs.24,000/- per annum for a 12-year-old, which was on the higher side. Following precedents, the court reduced the notional income to Rs.15,000/- per annum. The multiplier was also reduced from 18 to 15. Applying the multiplier of 15 to the notional income of Rs.15,000/-, the total loss of dependency was calculated at Rs.2,25,000/-. Adding Rs.15,000/- for loss of estate and funeral expenses, the total compensation was reduced to Rs.2,40,000/-. On the issue of liability, the court found that the appellant had transferred the truck to respondent no.4 prior to the accident, and thus the liability fell on the transferee. The court held that the appellant was not liable to pay the compensation. The appeal was partly allowed, reducing the compensation to Rs.2,40,000/- and exonerating the appellant from liability.
Headnote
A) Motor Accident Claims - Compensation for Minor - Notional Income - The Tribunal's assessment of notional income at Rs.24,000/- per annum for a 12-year-old deceased was held to be on the higher side; the court reduced it to Rs.15,000/- per annum following precedents. (Paras 5-6) B) Motor Accident Claims - Multiplier for Minor - The multiplier of 18 applied by the Tribunal was reduced to 15, as per the settled position for minors. (Para 6) C) Motor Accident Claims - Liability of Transferor - The appellant, who had transferred the offending truck to respondent no.4 prior to the accident, was held not liable for the compensation as the transfer was completed before the accident. (Para 7)
Issue of Consideration
Whether the compensation awarded by the Tribunal for the death of a 12-year-old boy is excessive and whether the appellant is liable despite transfer of the offending truck.
Final Decision
Appeal partly allowed. Compensation reduced from Rs.2,52,000/- to Rs.2,40,000/-. Appellant exonerated from liability; respondent no.4 (transferee) held liable to pay the compensation.
Law Points
- Notional income for child
- multiplier for minor
- transfer of vehicle liability
