JUDGMENT The appeal is directed against the judgment and award dated 6.4.84 of the M.A.C.T., Indore passed in Claim Case No. 145/79 whereby the claimants have been awarded compensation of Rs. 12,000/- for the death of their son Rajesh. The brief history of the case is that the claimant-appellant (since deceased) . No.1 father and Smt. Sitabai mother of claimants No. 2,3,4 and 5 have filed a petition before the Tribunal on 29.8.79 with the assertions that their son Rajesh was sitting on the Otla of house No.5, meanwhile the motor car No.1 CPE 364 driven by respondent No.2 and owned by respondent No.1 came in an excessive speed. It dashed against the Otla caused damage to the house; Rajesh fell down and was crushed. The vehicle was insured with respondent No.3. It was further contended that Rajesh was an intelligent boy aged about 11 years and was helping them in their family profession of washer-man. They therefore, claimed Rs. 1,00,000/- as the compensation. The respondents denied the contention of the claimants and further submitted that the deceased was a small child and since the claimants have other children also, the loss is not as pleaded by the claimants. Learned Tribunal has held that the accident occurred due to rash and negligent driving of the vehicle by respondent No.1 and further held that Rajesh died due to accident. It was also held that the vehicle was being driven by respondent No.2 at the time of accident and thereafter Tribunal has awarded the compensation of Rs. 12,000/-. This appeal has been filed for enhancement of the same. Respondents have filed cross-objection also with the assertions that the award has been made on a higher side as the boy was dependant on the claimants and the future of the boy was wholly uncertain. It has also been submitted that the deceased after gaining the majority may have incurred liability of maintaining others, if married. Now this accident has occurred on 21.6.79 an amendment in the M.V. Act was made w.e.f. 1.10.82 whereby the minimum liability of no fault basis has been fixed to be Rs. 15,000/-.
It has also been submitted that the deceased after gaining the majority may have incurred liability of maintaining others, if married. Now this accident has occurred on 21.6.79 an amendment in the M.V. Act was made w.e.f. 1.10.82 whereby the minimum liability of no fault basis has been fixed to be Rs. 15,000/-. It has come in the evidence that the deceased was studying in school and was further helping his parents in their profession of washerman though it is true that the future is very uncertain and it is also true that the deceased may have incurred some further liability of maintenance after marriage. But then since he was a member of the joint family there was every possibility of help from the deceased and in view of the amendment referred above the compensation ought not to have been less than Rs. 15,000/-. As a result, the appeal partly succeeds and the compensation is enhanced to Rs. 15,000/- with interest 12% p.a. from the date of application till realisation of the same. Counsel fee Rs. 300/-, if certified.