Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 1006 (RAJ)

Fateh Singh v. Harjindar Singh

2012-04-19

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been filed by the claimant-appellants for enhancement of compensation of Rs.70,000/- that was awarded by the Motor Accident Claims Tribunal, Jaipur vide award dated 14/12/2004 for the death of their child-Kumari Ravina aged 10 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 appeal therefore be dismissed. 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 except the interest part since accident relate to the year 2001, shall mutatis mutandis apply to the present case. Accordingly, the award passed by the Motor Accident Claims Tribunal, Sikar dated 24/7/1993 is modified and amount of compensation of Rs.70,000/- is enhanced to Rs.2,00,000/-, which the appellants are entitled to receive after deducting Rs.70,000/- already paid to them. 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. 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.