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Mohd. Muzzafar And Another v. Mohd. Sultan Sheikh And Others
Structured Summary of the Opinion (Motor Accidents Compensation Appeal)
Factual and Procedural Background
This appeal arises from a judgment and order dated 16.8.1977 of the Motor Accidents Claims Tribunal, Srinagar, which awarded Rs. 10,000 to the appellants as compensation for the death of their child (aged about 11/12 years) who was run over by a bus on 1.11.1973. The Tribunal held that respondent No. 1 drove the vehicle rashly and negligently and that respondent Nos. 2 and 4 were vicariously liable, but directed that respondent No. 4 (Oriental Fire and General Insurance Co. Ltd., Srinagar Branch) discharge the entire liability. The appellants (parents) appealed solely seeking enhancement of the compensation amount awarded by the Tribunal.
Facts found by the Tribunal (and not challenged on appeal) include: the deceased was the only son of the appellants; he was a pupil in the 5th primary class at Burn Hall High School, Srinagar; on 1.11.1973 while returning from school he was struck by the bus (No. 160-JKB) owned by respondent No. 2 and driven by respondent No. 1 and died on the spot; the Tribunal found rash and negligent driving by respondent No. 1. The appellants originally claimed Rs. 150,000 before the Tribunal.
Legal Issues Presented
- Whether the death of Mohammad Salim was caused by the accident involving bus No. 160-JKB owned by the University of Kashmir on 1.11.1973? (Tribunal issue No. 1)
- Whether the accident was caused due to the rash and negligent driving of respondent No. 1 who was driving the bus at the time? (Tribunal issue No. 2)
- If issues 1 and 2 are proved, what is the quantum of compensation the petitioners are entitled to and from whom should it be recovered? (Tribunal issue No. 3)
- Relief sought. (Tribunal issue No. 4)
- On this appeal: whether the amount of compensation fixed by the Tribunal (Rs. 10,000) is reasonable and adequate; i.e., whether the award should be enhanced.
Arguments of the Parties
Appellants' Arguments
- The Tribunal's award of Rs. 10,000 was wholly inadequate and did not do justice to the appellants.
- The deceased was promising, the appellants' only son, studying in a reputable school, and his father intended to make him a doctor; the boy had aptitude for the medical profession.
- If he had lived, assuming a life span to 60 years, he would have earned more than Rs. 200,000 in his lifetime; even on conservative assumptions he could have earned Rs. 500–600 per month from age 25.
- On these bases the appellants sought a much higher award (the claim petition had sought Rs. 150,000).
Respondents' Arguments
- There is no reliable data on record to determine an accurate quantum of compensation in the present case.
- The appellants' calculation is speculative and founded on conjectures about the boy's future career and earnings.
- The compensation awarded by the Tribunal was more than sufficient in the circumstances.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Sheikhupura Transport Co. Ltd. v. Northern India Transport Insurance Co., 1971 A.C.J. 206 | That pecuniary loss to the aggrieved party may depend upon data which cannot be ascertained accurately and must often be an estimate or partly a conjecture. | The court relied on this authority to accept that some estimation and conjecture is inevitable in assessing future pecuniary benefits of a young deceased; it justified making an informed estimate in the present case. |
| Benham v. Gambling, (1941) A.C. 157 (Viscount Simon L.C.) | Expresses the difficulty of measuring the worth of human life in monetary terms; some aspects are susceptible to monetary measurement but the totality of life is beyond precise monetary valuation. | The court cited the passage to underscore the inherent difficulty and limitations in quantifying compensation for human life and to temper strict attempts at precise monetary calculation. |
| C.K. Subramonia Iyer v. T. Kunhi Kuttan Nair, 1970 A.C.J. 110 | Illustrative comparative award: tribunal award of Rs. 5,000 enhanced to Rs. 6,000 in the death of an 8‑year‑old boy. | Used as a comparative authority on compensatory amounts awarded in fatal accidents involving young children to guide assessment by analogy. |
| Vanguard Insurance Co. Ltd. v. Padma, 1973 A.C.J. 454 | Illustrative comparative award: compensation enhanced from Rs. 6,000 to Rs. 10,000. | Referred to as an example of enhancement in compensation in comparable fatality cases involving children. |
| Sanjiva Shetty v. Anantha, 1976 A.C.J. 261 | Illustrative comparative award: a division bench upheld an award of Rs. 25,000 to claimants of a boy who died in an accident. | Used as a precedent supporting a higher award (Rs. 25,000) in appropriate cases; the court noted this decision while determining an appropriate figure here. |
Court's Reasoning and Analysis
The court proceeded from the Tribunal's unchallenged findings that the bus hit and killed the boy and that the driver acted rashly and negligently. Because the respondents did not appeal from the Tribunal's factual findings on issues 1 and 2, those findings were treated as final between the parties.
The principal issue on appeal was the adequacy of the quantum of compensation. The court noted relevant factual material on record: the deceased was the appellants' only son, about 12/13 years old, studying in the 5th primary class at a reputable school; the father gave the boy's monthly expenditure as Rs. 125–150; the father intended to make him a doctor and the boy was said to have aptitude for medicine; the parents' health suffered after the death; and the appellants had claimed Rs. 150,000.
On legal principles the court emphasized that compensation in fatal-accident cases requires consideration of the loss to claimants of future pecuniary benefits that would have accrued had the deceased lived. However, the court acknowledged (citing Sheikhupura and the statement in Benham v. Gambling) that precise ascertainment of such future benefits is often impossible and that some estimation and conjecture may be inevitable.
Having accepted that some conjectural assessment was appropriate here, the court adopted cautious, articulated assumptions drawn from the record: even on conservative assumptions, the boy might have become an earning member and could have earned not less than Rs. 200–300 per month; assuming employment from age 25 at Rs. 250 per month (Rs. 3,000 per year) and a life span to age 60, total earnings could approximate Rs. 150,000. The court also considered prevailing price structure, inflation and depreciation of the rupee over the prior decade.
Applying these considerations and drawing comparative support from the cited authorities (some of which involved lower and higher awards in similar factual settings), the court concluded that Rs. 25,000 was a just and fair compensation in the present case.
Holding and Implications
Holding: The appeal is allowed in part. The compensation awarded by the Tribunal is enhanced from Rs. 10,000 to Rs. 25,000 (Rupees Twenty-Five Thousand). The appellants are entitled to simple interest at the rate of 6% per annum from the date of the claim until payment. The parties are directed to bear their own costs.
Implications:
- Direct effect: The appellants receive an increased monetary award (Rs. 25,000) plus interest at 6% per annum from the date of claim to payment; the Tribunal's findings on negligence and liability remain undisturbed.
- On precedent and principle: The court reiterated that there is no fixed formula for assessing compensation in such cases; each case must be decided on its own facts and peculiarities, and where data are lacking the court may make a reasoned estimate (as recognized in Sheikhupura Transport Co. and illustrated by other cited authorities). The opinion does not purport to lay down any new categorical rule but applies established principles to the facts before it.
This summary is strictly confined to and derived from the content of the provided opinion; no information not present in the opinion has been added.
Mian Jalal-ud-Din, C.J:— This is an appeal against the judgment and order dated 16.8.1977 of the Motor Accidents Claims Tribunal, Srinagar (hereinafter referred to as ‘the Tribunal’) awarding Rs. 10,000/- to the appellants as compensation for the death of their child aged 11/12 years who was run over by the vehicle owned by respondent No. 2 and driven by respondent No. 1 on 1.11.1973 The Tribunal has held that respondent No. 1 who drove the vehicle rashly and negligently and thus caused the death of the boy was primarily and respondent No. 2 and 4 were vicariously responsible to pay compensation to the appellants. The Tribunal directed that responsibility of payment of compensation is to be discharged wholly by respondent No. 4, the Oriental Fire and General Insurance Co. Ltd., Srinagar Branch. The present appeal by the claimants is for enhancing the amount of compensation awarded by the Tribunal.
2. Appellant No. 1 is the father and appellant No. 2 is the mother of the deceased boy who was reading in the 5th primary class in the Burn Hall High School, Srinagar. It is found that on 1.11.1973 the boy while going home after school hours was killed by the bus owned by respondent No. 2 which was driven by respondent No. 1. A claim petition for the grant of compensation to the tune of one lac and fifty thousands was filed before the Tribunal. The claim was contested by the respondents on several grounds.
3. The Tribunal raised the following issues:
(1) Whether the death of Mohammad Salim deceased was caused due to the accident by bus No. 160-JKB owned by the university of the Kashmir on 1st of November, 1973, at about 4 a.m near Khuna Khan? O.P Petitioners.
(2) Whether the above accident was caused due to the rash and negligent driving of non-applicant No. 1 who was driving bus No. 160-JKB belonging to non-applicant No. 2 at the time of accident? O.P.P
(3) In case issues Nos. 1 and 2 are proved what is the quantum of compensation that the petitioner is entitled to and from whom? O.P.P
(4) Relief.
4. The Tribunal found that the boy was knocked down by the aforementioned bus and as a result thereof he died on the spot. Respondent No. 1 drove the bus rashly and negligently. The appellants were entitled to claim compensation for the fatal accident. The Tribunal awarded Rs. 10,000/- as compensation with interest at 6% per annum from the date of the award to the date of payment. The respondents have not filed appeal against the award of the Tribunal. Therefore, the findings recorded by the Tribunal on issues Nos. 1 and 2 are final between the parties as they have not been challenged before us.
5. The short question that falls for consideration in this appeal is as regards the quantum of compensation payable to the claimants, the appellants, whether the compensation fixed by the Tribunal is reasonable and adequate? The material available on the record is that the boy (Mohammad Salim) was the only son of his parents. He was reading in the 5th Primary Class in the Burn Hall High School and was active, quite healthy and promising. The contention of the learned counsel for the appellants is that the Tribunal has not done justice to the appellants in awarding compensation of Rs. 10,000/-. According to him the career of the boy was brilliant and his father was taking keen interest in his studies. If he had survived he would have become a doctor as he had aptitude for the medical profession. It is urged that taking the life span at 60 years he would have, if lived, earned more than rupees two lacs in his life time. Even if he had not become a doctor, still he would have got employment somewhere and thus could have earned at least Rs. 500/- to Rs. 600/- per month from the age of 25. Therefore, taking into consideration the likely pecuniary benefits that would have accrued to the parents appellants, during the life time of the boy, the compensation of Rs. 10,000/- awarded by the Tribunal was wholly inadequate and insignificant.
6. This argument is controverted by the respondents by submitting that there is no data available to determine compensation in the present case. The argument of the appellant is based on surmises and belongs to the realm of mere conjectures and has no real basis. Compensation allowed by the Tribunal was more than sufficient having regard to the circumstances of the case.
7. We have given our best consideration to the case at hand. It is a fact that the deceased was the only son of his parents. He was studying in the 5th Class in an institution which has a good academic reputation. According to the teacher who appeared as a witness in the case the boy was quite active and healthy. His father stated that Mohd. Salim, his son was aged about 12/13 years and was studying in the Burn Hall School, Srinagar, in the??? Primary class. His monthly expenditure on the boy was Rs. 125/- to Rs. 150/-. He has four issues, three daughters and one son (the deceased). His plan was to make the deceased a doctor. The aptitude of the boy was also towards the medical profession. Because of the death of the boy his health and that of his wife has been adversely affected and has suffered deterioration. They are now under the treatment of doctors. He has claimed Rs. 1.5 lac as compensation Page: 518for himself and for the mother.
8. Several factors are to be kept in mind while awarding compensation in the case of death caused by accident. The court has to consider and balance the loss to the claimants of any future pecuniary benefits that would have accrued to them had not the death by accident taken place. In other words how much pecuniary loss could be caused to the claimants and how much pecuniary benefit would accrue to them. But these are matters that cannot be ascertained accurately and with precision. There must be some data on which the conclusion can be based. There are, however, cases where it is not possible to have any data so that it would be pressed into service in order to ascertain the pecuniary benefit or loss. In some cases there are matters, as observed by the Supreme Court, which belong to the realm of conjecture. See Sheikupura Transport Co.'s case 1971 A.C.J 206. Especially the claim advanced in the case of a young boy presents some imponderables. What education would the parents be able to give to the child, how far the child could succeed, what trade or profession would have been taken by the boy if he had survived, and if all went well, what would be his earning capacity, are matters that are relevant to be considered? But even then for parents their affection and love for the boy cannot be measured in terms of money. As observed by Viscount Simon L.C in Benham v. Gambling (1941) A.C 157, human life is regarded as precious. It is precious as much for the joy it brings as for the sufferings it inflicts. The difficulty of measuring its worth in terms of money, is, indeed, real. There are some aspects of human life which are susceptible of monetary measurement but the totality of human life, is, like the beauty of sun rise or the splendour of the stars, beyond the reach of the monetary tape measure.
9. Learned counsel for the parties have referred to us some decisions of some High Courts and the Supreme Court in order to show as to how much compensation was allowed in the case of boys who had died as a result of accident.
10. In C.K Subramonia Iyer v. T. Kunhi Kuttan Nair 1970 A.C.J 110, the Tribunal has awarded Rs. 5,000/- but on appeal it was enhanced to Rs. 6,000/-. It was a case where a boy of 8 years was hit by a bus and as a result of the injuries sustained by him he had died.
11. In Vanguard Insurance Co. Ltd. v. Padma 1973 A.C.J 454, compensation was enhanced from Rs. 6,000/- to Rs. 10,000/-
12. In Sanjiva Shetty v. Anantha 1976 A.C.J 261, a division bench of that court up-held the award of the Tribunal granting Rs. 25,000/- as compensation to the claimants of the boy who had suffered death in the accident.
13. Having regard to all what has been stated above it is manifest that no hard and fast rule can be laid down for assessing compensation in such cases and the question of fixing the compensation becomes problematic in cases where the court has only to guess as regards the future potentialities of the deceased. Each case must, therefore, be decided on its own merits and peculiarities. Sometimes we have to depend on conjectures as has been observed in Sheikhupura Transport Co. Ltd. v. Northern India Transport Insurance Co.† 1971 A.C.J 206, where it has been held that the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even partly a conjecture. In the present case, as observed above, the deceased was the only son of his parents and was receiving education in a standard school of the city of Srinagar. He was very active, quite healthy and had a promising career. Even assuming that he would not have become a doctor if he Page: 519had survived, at least he would have become an earning member of the family and would have been a source of earning and also a source of comfort to his parents in their old age. Even if he had become an ordinary employee or a craftsman or an artisan, he would have been in a position to earn income not less than Rs. 200/- to Rs. 300/- per month. Having regard to the span of life of the family to which the deceased belonged (vide the statement of the father of the deceased) the boy would have survived at least till the age of 60 years. Even if he would have got employment at the age of 25 years, he would have been able to earn an income of not less than Rs. 3,000/- per year (taking the monthly income which the boy would have got at Rs. 250/- per month). He would have in this way earned not less than rupees one lac and half. Therefore, having regard to the totality of the circumstances and other relevant factors, I think that Rs. 25,000/- is the just and fair compensation that should be allowed to the claimants in the present case. While assessing the compensation regard is had to the prevailing price structure, the rise in the price index and the depreciation that the rupee has suffered in its value during the last one decade.
14. The result is that the appeal is allowed to the extent that compensation is enhanced from Rs. 10,000/- to Rs. 25,000/- (Rupees Twenty five thousand). The appellants shall also be entitled to simple interest at the rate of 6% per annum from the date of the claim till the date of the payment. Having regard to the circumstances of the case, the parties are left to bear their own costs.
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