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Rajasthan High Court · body

2008 DIGILAW 2044 (RAJ)

Badlu v. Bhagwan Sharma

2008-09-01

GUMAN SINGH

body2008
Judgment Hon'ble SINGH, J.—Both the parties are agreed for disposal of this appeal at the admission stage. 2. Heard the learned counsel for the parties. 3. This appeal has been preferred by the dependents of deceased Shivve for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal & Addl. Distt. Judge, Bayana, Distt. Bharatpur vide judgment dated 10.11.2005 whereby a sum of Rs.1,38,000/- was awarded to the appellants by way of compensation. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation in the matter as the sum of Rs.1,38,000/- has been awarded while the deceased was 19 years of age and he survived by his old aged parents. It is further submitted that in view of ratio indicated by the Hon'ble Apex Court in the case of Manju Devi and anr. vs. Musafir Paswan and anr. (2005(1) TAC 609 (SC) and followed by Cordinate Bench of this court in the case of Smt.Kailash Devi vs. Guljar Singh and ors. (S.B.C.M.A. No.962/99) have awarded a sum of Rs.2,25,000/- in the case of death of a child of more than 10 years. Therefore, amount awarded may be enhanced. 6. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of death of deceased, he was 19 years of age and he was busy in selling milk and also engaged in agriculture and other related activities. The learned Tribunal has awarded compensation considering the income of the deceased to Rs.15,000/- per annum and by adopting multiplier of 13 in view of age of deceased. From the perusal of Judgment cited above and followed by this court in the case of Smt.Kailash Devi (supra), it is revealed that a sum of Rs.2,25,000/- is required to be awarded to a child of more than 10 years and on that analogy, compensation deserves to be enhanced in the instant case also. 8. From the perusal of Judgment cited above and followed by this court in the case of Smt.Kailash Devi (supra), it is revealed that a sum of Rs.2,25,000/- is required to be awarded to a child of more than 10 years and on that analogy, compensation deserves to be enhanced in the instant case also. 8. Accordingly, appeal of the appellants is partly allowed and the amount of compensation under the impugned award is enhanced from Rs.1,38,000/- to Rs.2,25,000/-from the date of appeal i.e. 13.2.2006, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. The record of the case be sent back to the learned Tribunal.