Meena Devi vs Nunu Chand Mahto @ Nemchand Mahto & Ors.

Court

Supreme Court of India

Date

13 October 2022

Case No.

Civil Appeal No. 7255 of 2022

Result

Allowed

Bench

Sanjiv Khanna, J.K. Maheshwari

Citation

[2022] 18 S.C.R. 449 : 2022 INSC 1080

Headnote

Motor Vehicles Act, 1988:ss. 140, 166 rw s.171 – Compensation – Enhancement of – Death of 12 year old boy in a motor accident – Tribunal awarded lump sum compensation of Rs. 1,50,000/-, while the High Court enhanced it to Rs. 2,00,000/- up to the value of the claim petition – On appeal, held: Less valuation, if any, made in the claim petition would not be impediment to award just compensation exceeding the claimed amount – Tribunal/court ought to award ‘just’ compensation which is reasonable in the facts relying upon the evidence produced on record – On facts, the amount of compensation not just and reasonable looking to the computation made – As per the ocular statement of the mother of the deceased, it is clear that deceased was a brilliant student, studying in a private school, thus, accepting the notional earning as Rs. 30,000/- including future prospect and applying the multiplier of 15, the loss of dependency comes to Rs. 4,50,000/- and adding Rs. 50,000/- in conventional heads, the total sum of compensation would be Rs. 5,00,000/- – Thus, the compensation as awarded by the High Court enhanced by Rs. 3,00,000/-, in addition. Kishan Gopal and another vs. Lala and others (2014)

1 SCC 244 : [2013] 10 SCR 793 – relied on.

R.K. Malik and another vs. Kiran Pal and others (2009)

14 SCC 1 : [2009] 10 SCR 87; Sarla Verma & Others vs. Delhi Transport Corporation and Another (2009) 6 SCC 121 : [2009] 5 SCR 1098; Lata Wadhwa and others vs. State of Bihar and others (2001) 8 SCC 197 : [2001] 1 Suppl. SCR 578; M.S. Grewal & another vs. Deep Chand Sood & others (2001) 8 SCC 151 : [2001]

2 Suppl. SCR 156; Kurvan Ansari @ Kurvan Ali & another vs. Shyam Kishore Murmu and another (2022)

1 SCC 317; Nagappa vs. Gurdayal Singh and others (2003) 2 SCC 274 : [2002] 4 Suppl. SCR 499 – referred to.

Taff Vale Rly. Vs. Jankins 1913 AC 1 – referred to.

The Judgment of the Court was delivered by J. K. MAHESHWARI, J. Leave granted. 2. The facts relevant for disposal of the present case are that the child, namely; Bankee Bihari, aged about 12 years on the date of accident i.e. 29.7.2003, while playing in front of his house, was dashed by the Commander Jeep bearing registration No. JH-11A 6894 and died on the way, while being taken to a hospital in Dhanbad. A Claim Petition under Sections 140, 166 read with Section 171 of Motor Vehicles Act, 1988 (for short, “the M.V. Act”) seeking compensation to the tune of Rs. 2,00,000/- with interest was

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