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2011 DIGILAW 2360 (RAJ)

Manak Chand v. Badam Singh

2011-11-04

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—This appeal has been filed by the claimant-appellants for enhancement of compensation of Rs.1,25,000/- that was awarded by the Motor Accident Claims Tribunal, Jaipur vide award dated 13.5.2005 for the death of their child aged 11 years in a road accident involving the vehicle insured with the respondent-Insurance Company. 2. Contention of the learned counsel for the appellants is that the compensation awarded is towards the lower side for the accidental death of the child. The appeal therefore be allowed and the amount of compensation may suitably be enhanced. 3. Per contra, learned counsel appearing for the Insurance Company has opposed the appeal and argued that learned Tribunal has awarded a just and reasonable amount of compensation and therefore the award passed by the Tribunal is not liable to be interfered with by this Court and consequently, the appeal be dismissed. 4. I have given my anxious consideration to the rival submissions and perused the impugned award. 5. This Court has allowed a bunch of 22 appeals arising out of accidental death cases of the children by a common detailed judgment dated 2.11.2011 passed in a leading case of Smt. Nana Devi & Ors. vs. Gurumel Singh & Ors. (SBCMA NO.870/2001 & 21 other appeals = 2012(1) CCR 435 (Raj.)) and enhanced the compensation awarded by different Tribunals under all heads cumulatively to Rs.2,50,000/- in those cases, wherein age of the children at the time of accidental death was more than 10 years but not more than 15 years together with interest @7.5% payable on the enhanced amount of compensation. 6. Consequently, this appeal is allowed in the light of the judgment passed by this Court in the aforesaid case of Smt.Nana Devi supra on 2.11.2011. The directions contained therein, shall mutatis mutandis apply to the present case. Accordingly, the award passed by the Motor Accident Claims Tribunal, Jaipur dated 13.5.2005 is modified and amount of compensation of Rs.1,25,000/- passed by the Tribunal under all heads is cumulatively enhanced to Rs.2,50,000/-. The appellants shall be entitled to interest @7.5% on the enhanced amount of compensation from the date of filing claim petition till actual payment is made. 7. Compliance of this order shall be made within three months from the date; certified copy thereof is produced before the respondent-Insurance Company.