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2012 DIGILAW 1005 (RAJ)

Jeevan Ram v. Jaspal Singh

2012-04-19

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been filed by the claimant-appellants for enhancement of compensation of Rs.25,000/- that was awarded by the Motor Accident Claims Tribunal, Sikar vide award dated 24/7/1993 for the death of their child-Teemu Kumari aged 6 years in a road accident involving the vehicle insured with the respondent-Insurance Company. 2. From the averments of the appeal, it is borne out that the compensation awarded is towards the lower side for the accidental death of a child. The appeal therefore should be allowed and the amount of compensation is liable to be suitably enhanced. 3. Learned counsel appearing for the Insurance Company though has opposed the appeal but could not justify award of only a sum of Rs.25,000/- in a accidental death case of a child. 4. I have gone through the contents of the appeal and considered the submission of the learned counsel for the insurance company 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/- to those claimants, whose child died in a road accident for the age group of 6 to 10 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 dated 2/11/2011. The directions contained in Smt.Nana Devi supra, shall mutatis mutandis apply to the present case except rate of interest, which is held to be 6% p.a. since the accident relate to 1988. Accordingly, the award passed by the Motor Accident Claims Tribunal, Sikar dated 24/7/1993 is modified and amount of compensation of Rs.25,000/- is enhanced to Rs.2,00,000/-. The appellants shall be entitled to interest @6% on the enhanced amount of compensation from the date of filing claim petition till actual payment is made. Compliance of this order shall be made within three months from the date; certified copy thereof is produced before the respondent-Insurance Company. Record be sent back to the Tribunal forthwith.