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2008 DIGILAW 2182 (RAJ)

Ishaq Ali v. Sharvan Lal

2008-09-16

GUMAN SINGH

body2008
Judgment Hon'ble SINGH, J.—This appeal has been preferred by the dependents of the deceased Naseem, aged 18 years for enhancement of compensation awarded by learned Motor Accident Claims Tribunal Hindauncity, Distt. Sawaimadhopur vide order dated 9.2.1996 whereby a sum of Rs.45800/-was awarded by way of compensation for the death of Naseem caused in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation on account of death of a child of 18 years and the dependents should be awarded compensation of Rs.2,25,000/- in view of ratio indicated in New India Assurance Co. Ltd. vs. Satendra & Ors. (2007(1) WLC (SC) Civil 196 followed by the Judgment of this High Court in Smt.Malti & 52 ors. vs. M.K.Vasu (2008(1) WLC (Raj.) 589). It is further submitted that amount awarded by the learned Tribunal is on lower side. 4. 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the deceased was a child of 18 years and he has been awarded only Rs.48,500/- as compensation while as per ratio indicated by Hon'ble Apex Court in the case of Satendra (supra), amount of compensation deserves to be enhanced to Rs.2,25,000/-. 6. Accordingly, appeal of the appellant is partly allowed and while maintaining the other terms of the award, total amount of compensation deserves to be enhanced by additional amount of Rs.1,79,200 (2,25,000-45,800=1,79,200/-) from the date of decision, with 6% interest to be paid within three months.