@JUDGMENTTAG-ORDER
Dhrub Narayan Upadhyay, J.@mdashThis appeal has been preferred against the judgment and award dated 20th July, 2009 passed by learned
District Judge-cum-Motor Vehicle Accident Claim Tribunal, Pakur in connection with M.A.C.T. Case No. 30 of 2008 whereby the appellant has
been directed to pay compensation of Rs. 2,25,000/- with interest at the rate of 6% per annum from the date of filing of the claim application, after
deducting the amount, if paid, under Section 140 of the M.V. Act to the claimants. The facts, in brief, is that on 14.9.2007 at about 4.30 p.m.
Jyotin Marandi, a boy aged about 4-5 years, while crossing the road, was crushed under the wheel of dumper bearing registration No. JH-10K-
2837. In this connection Maheshpur P.S. Case No. 143 of 2007 dated 15.9.2007 was registered under Sections 279 and 304-A of the I.P.C.
The claimant/respondent Nos. 1 and 2, who are mother and father of the deceased boy, filed petition for grant of compensation which was
registered as M.A.C.T. Case No. 30 of 2008. Since the offending vehicle was insured with the appellant, direction was given to them to satisfy the
awarded amount, as indicated above and hence this appeal.
2. It is contended that the learned Tribunal has wrongly assessed the income of a boy aged about 5 years whereas admitted situation is that the boy
was not employed anywhere nor he was earning money. The Tribunal has erred in considering notional income of the deceased who was aged
about 4-5 years at the time of his death. Learned counsel has referred a judgment reported in 2007 (4) T.A.C. 385 (S.C.), Oriental Insurance Co.
Ltd. vs. Syed Ibrahim and Others.
3. I have gone through the impugned judgment and award and also the judgment referred to above. In the case of Oriental Insurance Co. Ltd. vs.
Syed Ibrahim (supra) in para-6 their Lordships have held as under:--
6. There are some aspects of human life which are capable of monetary measurement, but the totality of human life is like the beauty of sunrise or
the splendor of the stars, beyond the reach of monetary tape-measure. The determination of damages for loss of human life is an extremely difficult
task and it becomes all the more baffling when the deceased is a child and/or a non-earning person. The future of a child is uncertain. Where, the
deceased was a child, he was earning nothing but had a prospect to earn. The question of assessment of compensation, therefore, becomes stiffer.
The figure of compensation in such cases involves a good deal of guesswork. In cases, where parents are claimants, relevant factor would be age
of parents.
It is also held in the said judgment that future prospect of the deceased boy '' is to be considered.
4. The learned Tribunal has wrongly observed and considered notional income Rs. 15,000/- of the deceased boy which should not have been
considered in that way but considering future prospect i.e. after becoming major when the boy would have been employed or engaged in any
business or labour, his earning would not have been less than Rs. 15,000/- which is notional income. Only the expression made by the Tribunal in
the impugned judgment has not been properly constructed in proper sentence but the view is clear. Certainly, death of a child cannot be judged in
terms of money but to pacify the unfortunate parents some beneficial legislation has been enacted to console them.
5. In the circumstances, I do not find any merit in this appeal and the same stands dismissed. The appellant/insurance company is directed to pay
the awarded amount with interest up to date within 90 days from the date of this judgment. Liberty is given to the counsel appearing for the
appellant to withdraw the statutory amount of Rs. 25,000/-, deposited at the time of presentation of this appeal subject to payment of awarded
amount with interest up to date and on production of receipt.
