Issue No. 4:
18. The age of the deceased was 11 years. He was brilliant and smart child of the plaintiff. He was not earning member at the relevant time. The question is a lumpsum compensation as prayed/claimed by the plaintiff in the absence of any guidelines or formula, whether can be granted by this Court.
19. The learned Counsel for the defendants submitted that under the BMC Act they do not have any provision to pay any claim such as no fault liability and/or lumpsum amount to the parents or any person related to the deceased who died in such accident or incident, whether it is because of negligence or no negligence of the Corporation. In the present case, as referred above, there is a negligence of the defendants which resulted into the loss of son of the plaintiff.
27. This is a case of accident resulted because of negligence of the Municipal Corporation as recorded above. It is difficult to Judge and/or assess the future income of the deceased who was aged about 11 years old at the relevant time. The plaintiff at the relevant time was working in the Mill where he was getting salary of Rs. 1500/- to Rs. 2000/- p.m. Therefore, this facet itself is not sufficient to assess the compensation as claimed.
28. In this background, immediate formula which according to me is available in such unguided and uncleared situation is to apply the principle of Motor Accidents Claims as contemplated.
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