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2007 DIGILAW 2309 (RAJ)

Radhey Shyam v. Karmdas

2007-12-04

S.P.PATHAK

body2007
JUDGMENT 1. - By this miscellaneous appeal enhancement has been sought in relation to the judgment/award dated 18.12.2004 passed by the learned Judge, Motor Accident Claims Tribunal, Tonk in Claim Case No. 673/2002 whereby a sum of Rs. 1,20,000/- has been awarded. 2. The contention of the learned counsel for the appellant is that in the present case a child aged 8 years has expired on account of accident and the learned Tribunal in all has granted Rs. 1,20,000/- as compensation. The learned counsel further submits that this Court in the case of Smt. Malti v. M.K. Vasu while considering bunch of Civil Misc. Appeals has considered similar type of matters and awarded compensation taking into consideration different age groups deceased victims. The learned counsel further submits that in the age group of 5 to 10 years in all compensation in Smt. Malti's case has been granted Rs. 1,80,000/-. The learned counsel submits that this case is squarely covered by the decision rendered in Smt. Malti's case., 3. On the other hand, on behalf of respondent, it has been argued that the award has been passed with reasons and is just award, therefore, needs no interference but as regards the applicability of Smt. Malti's case (supra) is concerned no dispute has been raised regarding the principle laid down in the above case. 4. I have considered the submissions made before me and perused the impugned judgment/award. 5. It is not necessary for me to go into the details of the accident for the simple reason that in similar type of matters looking to the age of the deceased child compensation in relation to the death of a child. between 5 to 10 years has been considered just and adequate i.e. Rs. 1,80,000/-. This case is squarely covered by the decision rendered in Smt. Malti's case, therefore, this appeal is required to be allowed partly and the compensation which has been awarded by the learned Tribunal of Rs. 1,20,000/- vide its award dated 18.12.2004 needs to be enhanced upto Rs. 1,80,000/-. 6. In the result, this miscellaneous appeal is partly allowed and the impugned judgment/award dated 18.12.2004 passed by the learned Judge, Motor Accident Claims Tribunal, Tonk stands modified to the extent of Rs. 1,80,000/- instead of Rs. 1,20,000/-. 1,20,000/- vide its award dated 18.12.2004 needs to be enhanced upto Rs. 1,80,000/-. 6. In the result, this miscellaneous appeal is partly allowed and the impugned judgment/award dated 18.12.2004 passed by the learned Judge, Motor Accident Claims Tribunal, Tonk stands modified to the extent of Rs. 1,80,000/- instead of Rs. 1,20,000/-. The interest shall be payable @ 7.5% per annum as awarded by this Court in the case of Smt. Malti v. M.K. Vasu .Appeal partly allowed. *******