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2012 DIGILAW 1033 (RAJ)

Premraj v. Dharmendra Singh

2012-04-23

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Claimants have preferred this appeal dissatisfied with quantum of compensation of Rs.1,50,000/- awarded by learned Motor Accident Claims Tribunal (Additional District & Sessions Judge, Fast Track no.4) Ajmer, vide its award dated 17.02.2007, in MAC Case No.373/2006 (33/2006), in a death claim of their minor son Kuldeep, who was seven years of age at relevant point of time. 2. Contention of learned counsel for appellants is that age of deceased at relevant point of time was 7 years. Learned Tribunal has erred in not considering fact that deceased was intelligent student and had he alive, he would have been holding a good position and earned more, and that in not awarding any compensation for loss of love and affection as well as on various other heads. It is argued that Supreme Court as well as this Court in recent judgments, awarded minimum compensation of Rs.2,00,000/- where deceased is more than five years and upto 10 years of age. It is, therefore, prayed that compensation may suitably be enhanced. 3. Learned counsel for respondent opposed the appeal but could not dispute the above position. 4. This court in a judgment deciding a bunch of 22 appeals vide its judgment dated 02.11.2011, leading S.B. Civil Miscellaneous Appeal No.870/2001 – Smt. Nana Devi and Others vs. Gurumel Singh and Others, considered judgments of the Supreme Court in Oriental Insurance Company Limited vs. Syed Ibrahim and Others and Kaushlya Devi vs. Shri Karan Arora and Others, as well as other reasoned judgments of the Supreme Court and that of this Court, and held that award of compensation of Rs.2,00,000/- is just and proper for death of a child aged upto 5 years, Rs.2,00,000/- for death of a child of more than 5 years upto 10 years of age and Rs.2,50,000/- for death of a child of more than 10 years but not more than 15 years of age. 5. In the facts of the present case and in view of fact that deceased child was seven years of age at relevant point of time, and judgment of this Court in Smt. Nana Devi, supra, the appeal deserves to be partly allowed. Compensation deserves to be enhanced to Rs.2,00,000/-. 6. Appeal is accordingly partly allowed. Compensation of Rs.1,50,000/- awarded by learned Tribunal is enhanced to Rs.2,00,000/-. Compensation deserves to be enhanced to Rs.2,00,000/-. 6. Appeal is accordingly partly allowed. Compensation of Rs.1,50,000/- awarded by learned Tribunal is enhanced to Rs.2,00,000/-. Claimants shall be entitled to interest on enhanced amount of compensation at the rate of 7.5% per annum from the date of filing of claim petition till its realization. Compliance be made within three months.