SINGH, J. - (1.) ALL these appeals are listed for admission. Both the parties agreed that it may be heard and finally disposed of.
(2.) SINCE all these appeals, arise out of the same accident and only challenge pertains to quantum of compensation and hence, the same are finally disposed of by common judgment. These appeals have been preferred by the appellants, for enhancement of the claim against the Awards, passed by learned Motor Accident Claims Tribunal, Additional District & Sessions Judge No. 1, Bayana (Bharatpur) , vide Award dated 6. 10. 05. On 19. 8. 1990, the appellants and other persons were travelling in Bus No. RRD 8801 , which met with an accident with Bus No. U. P. T. 4568 coming from opposite direction , as a result of which the bus fell into the river and 48 persons died in that accident and 21 persons sustained grievous as well as simple injuries. The driver of the Bus No. 8801 also died in that accident. The accident occurred due to the rash and negligent driving of the bus driver of U. P. T. No. 4568. Hence all these appeals. Counsel for the appellants argued that learned Tribunal has failed to award the adequate compensation to the claimants in the appeals on the ground that the learned Tribunal erred in deducting 1/3rd from the amount of earning/dependency in all the death claims though no assessment of annual earning of the victim as such was made and the earning was considered Rs. 15,000/- on notional basis only. As regards death claims of child victims, it was urged that assessment is on lower side and the same deserves to be enhanced on the basis of age ground of the child victim as held by the Hon'ble Apex Court as well as the co-ordinate Bench of this High Court in 2008 (1) (W. L. C.) (Raj.) 589, Smt. Malti and 52 others vs. M. K. Vasu and 52 others. Per contra, learned counsel for the respondents supported the Award of the learned Tribunal on the ground that the Tribunal has awarded adequate compensation after holding the inquiry and the evidence adduced by the parties and the award does not call for any interference by this Court.
(3.) IN view of the submissions advanced and on going through the award, the record of the case , it may be noted that co-ordinate Bench of this High Court in Smt. Malti and 52 others (supra) had occasion to consider the matter pertaining to quantum of compensation in case of death of child victims or various age groups in the light of the guidelines of Hon'ble Apex Court in New INdia Assurance Co. Ltd. vs. Satender and others (2007) (1) W. L. C. (S. C) Civil 196, as under:-      " With regard to compensation for the victim non-earning children, the Apex Court has extensively dealt with these aspects in case title New INdia Assurance Co. Ltd. vs. Satender and others (2007) (1) WLC (SC) Civil 196. Therefore, these appeals are disposed of holding the claimants entitled to the following compensation"-      " (i) the claimants of the victim child in the age group up to 5 years shall be entitled to compensation to a sum of Rs. One lac. (ii) the claimants of victim child in the age group of 5 to 10 years shall be entitle to a sum of Rs. 1,80,000/ -. (iii) the claimants of victim child in the age group of 10 to 15 years shall be entitled to compensation to a sum of Rs. 2,25,000/ -. In New India Assurance Co. Ltd. vs. Satender and others (supra) the Apex Court while dealing with the case of a child of 9 years , granted compensation of Rs. 1,80,000/- and observed as under:-      " In cases of young children of tender age, in view of uncertainties abound, neither their income at the time of death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determination on estimated basis. The reason is that at such an early, the uncertainties in regard to their academic pursuits , achievements in career and thereafter advancement in life are so many that nothing can be assumed with reasonable certainty. Therefore, neither the income of the deceased child is capable of assessment on estimated basis nor the financial loss suffered by the parents is capable of mathematical computation. " In view of the above legal position, all such appeals which pertain to death claim of child victims deserve to be decided accordingly. Likewise, where the Tribunal has made assessment of earning, dependency by way of notional income of Rs. 15,000/- without assessing actual income of the deceased, the deduction of 1/3rd from such income is not justified. (1) S. B. C. M. A. No. 518/06 (Claim No. 96/95) ;