As set out in the Second Schedule to the Motor Vehicles Act, 1988, for a girl of 6 years of age, a multiplier of 15 would have to be applied. As per the Second Schedule, she being a non-earning person, a sum of Rs. 15,000.00 must be taken as the income. Thus, the compensation comes to Rs. 2,25,000.00. Such an observation was made by the Allahabad High Court before Hon’ble Justice Syed Aftab Husain Rizv in the matter of Rishi Ram Sahu & Anr vs – Mahendra Kumar Tripathi & ors [FIRST APPEAL FROM ORDER No. – 1716 of 2010] on 26.11.2021.
The facts of the case were that the 06 years old daughter of the claimant/ appellant died in an accident on 22.11.2008. After which the Motor Accident Claim Tribunal, Chitrakoot passed an award of Rs. 1,07,000/- with 6% interest per annum. Aggrieved by the said award the claimant has moved the present appeal before this court.
The Hon’ble High Court held referred to the case of Manju Devi and another Vs. Musafir Paswan, reported in 2005 (1) TAC 609 (SC) in which it was held that “As set out in the Second Schedule to the Motor Vehicles Act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied. As per the Second Schedule, he being a non-earning person, a sum of Rs. 15,000.00 must be taken as the income. ”
Additionally, the Hon’ble High Court observed that the case of Rajendra Singh and others Vs. National Insurance Company 2020 ACJ 2211 is not applicable in the present case as there was no contributory negligence.
Finally, the Hon’ble High Court allowed the instant appeal.
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Judgment Reviewed by: Rohan Kumar Thakur
