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Rajasthan High Court · body

2011 DIGILAW 2725 (RAJ)

Babu Lal v. Vijayandra Kapila

2011-12-12

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been filed by the claimant-appellants for enhancement of compensation of Rs.60,000/- that was awarded by the Motor Accident Claims Tribunal, Behrod, Alwar vide award dated 26/3/1996 for the death of their child aged 8 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) and enhanced the compensation awarded by different Tribunals under all heads cumulatively to Rs.2,00,000/- in those cases, wherein age of the children at the time of accidental death was more than 5 years but not more than 10 years. 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, Behrod, Alwar dated 26/3/1996 is modified and amount of compensation of Rs.60,000/- passed by the Tribunal under all heads is cumulatively enhanced to Rs.2,00,000/-. 7. However, considering the fact that accident is of the year 1992 and the appeal is pending before this Court for last 15 years, it is not considered proper to award additional amount of interest. 8. Compliance of this order shall be made within three months from the date; certified copy thereof is produced before the respondent-Insurance Company.