Research › Search › Judgment

Rajasthan High Court · body

2006 DIGILAW 2916 (RAJ)

Kamla Devi v. The Oriental Insurance Company Ltd

2006-10-18

P.S.ASOPA

body2006
JUDGMENT 1. - This is an appeal of enhancement of compensation from Rs. 1,56,000/- to 2,25,000/- as awarded by the Supreme Court in case of a child death. 2. The Claims Tribunal has awarded Rs. 1,56,000/- considering the notional income of the deceased as Rs. 15,000/- per annum as per IInd Schedule of the Motor Vehicle Act, 1988. The age of the deceased was 14 years. The Supreme Court in a case reported in 2005(1) TAC 609 (SC), Manju Devi & Anr. v. Musafir Paswan & Anr. has awarded claim of Rs. 2,25,000/- in case of a child death and has further held that after assessing the notional income of Rs. 15,000/-, no further deduction can be made. 3. The Claims Tribunal has committed an error in making the deduction and lowering down the notional income from Rs. 15,000/- to Rs. 10,000/-. 4. Counsel for the respondents has also not disputed the aforesaid legal position settled by the Supreme Court. 5. In view of above, the appeal is allowed and the compensation is enhanced from Rs. 1,56,000/- to Rs. 2,25,000/- with 6% interest from the date of filing of the claim petition. Accordingly, the award dated 6.10.2005 stands modified. No order as to costs.Appeal Allowed. *******