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1996 DIGILAW 358 (MP)

Krishna And Anr. v. Pannalal And Ors.

1996-03-27

S.K.DUBEY, T.S.DOABIA

body1996
JUDGMENT T.S. Doabia, J. 1. Counsel for the appellants submits that the liability of the Insurance Company is unlimited and that the Insurance Company has not filed any appeal against the award of the Tribunal nor has challenged the findings of rash and negligent driving. He prays that the service on respondent No. 2, in the circumstances, be dispensed with. Prayer allowed. 2. The claimants are the parents of the deceased boy. In a motor accidents that occurred on 19.6.1980, the only son of the appellants, who was aged 13 years, was seriously injured. He remained under treatment for about 3 months. During the course of the treatment, his both legs were amputated. Earlier his both hands were crushed. He ultimately died on 20.9.1980. 3. The Tribunal awarded a lumpsum compensation of Rs. 25,000/-. 4. Having heard the learned Counsel and having gone through the record, we are of the opinion that the Trial Court has erred in awarding only Rs. 25,000/- as compensation. The boy was aged 13 years. He was studying in 7th standard in Saint Mary's School at the time of his death. His parents were ambitious to see him as a doctor. He was a brilliant student. By the accident, all the hopes of the parents were thwarted. The loss caused to the parents though could not be compensated in terms of money, in our opinion, Rs. 50,000/- would be the just compensation in the facts and circumstances of the case. The parents suffered a lot of mental agony when the boy was in the hospital fo ra period of three months. Nothing was awarded by the Tribunal under this head. We are of the view that an amount of Rs. 25,000/- would be sufficient for the mental agony suffered by the parents. 5. Accordingly, the appeal filed by the appellants for enhancement is allowed. The claimants are entitled to a compensation of Rs. 75,000/-. The claimants would also be entitled to interest at 12 per cent per annum on the amount of enhanced compensation. The Insurance Company would deposit the amount of compensation enhanced within a period of two months. Failing to deposit the same, the appellants would be entitled to 18 per cent per annum interest. The appellants are entitled to costs of this appeal. Costs are assessed at Rs. 750.