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2009 DIGILAW 2362 (RAJ)

Brijmohan Sharma v. Surjeet Singh

2009-11-13

DALIP SINGH

body2009
Hon'ble SINGH, J.—This appeal has been preferred by the claimants who are the parents of the deceased Mukesh who died in a road accident on 15.12.1988. 2. As per the Exhibit-A/23, the certificate issued by the school, the date of birth of the deceased was 29.02.1972, as such on the date of accident the deceased would be 16 years of age. 3. Learned counsel for the appellants submitted that the deceased was a brilliant student, as would be evident from the mark-sheet (Exhibit-A/1) of Class-IX for the academic year 1987-88, wherein the deceased has secured 79.3 marks in the school examination. As per the certificate (Exhibit-A/23), issued by the school he was a keen sportsman and a brilliant student and used to take part in co-curricular activities of the school and was a member of school pipe-band. It is submitted that he had a bright further ahead of him and, therefore, the amount awarded by the learned Tribunal of Rs.48,000/- as compensation for his death is a very meager amount. He submits that the Hon'ble Supreme Court in the case of New India Assurance Co. Ltd. vs. Satender and Others reported in 2007(1) WLC (SC) Civil 196 = RLW 2007(3) SC 2126 and this court relying upon the aforesaid case in Smt. Malti and 52 Others vs. M.K.Vasu and 52 Others reported in 2008(1) WLC (Raj.) 589 has held that the claimants on account of the death of the non-earning member over the 10 years of age would be entitled to Rs.2,25,000/- as compensation in lump sum. 4. None has appeared for the respondents despite service as is evident from the office note dated 24.10.2002 that service on all the respondents has been affected. 5. I have considered the aforesaid submission of the learned counsel for the appellants and I have gone through the award passed by the learned Tribunal and perused the record of the case. 6. This court in Smt.Malti's case (supra) has awarded an amount of Rs.2,25,000/- in the case of the death of a child above 10 years of age after considering various judgments of the Hon'ble Apex Court. 7. In the facts and circumstances, therefore, the appeal stands allowed. 6. This court in Smt.Malti's case (supra) has awarded an amount of Rs.2,25,000/- in the case of the death of a child above 10 years of age after considering various judgments of the Hon'ble Apex Court. 7. In the facts and circumstances, therefore, the appeal stands allowed. The appellants would be entitled to a sum of Rs.2,25,000/- (In words Rupees Two Lacs Twenty Five Thousand Only) as per the principles laid down by the Hon'ble Supreme Court and this court less Rs.48,000/- which has already been awarded by the learned Tribunal. The appellants would, therefore, be entitled to a sum of Rs.1,77,000/-with interest @ 6% per annum w.e.f. the date of filing of the appeal i.e. 11.03.1993 upto the date of realization. This amount shall be paid by means of a demand draft in favour of the claimants before the learned Tribunal. 8. There shall be no order as to costs.