JUDGMENT 1. - Claimants have preferred this appeal dissatisfied with quantum of compensation of Rs. 1,80,000/- awarded by learned Additional District & Sessions Judge (Fast Track) No.1 and Motor Accident Claims Tribunal, Sikar, vide its award dated 19.09.2008 in MAC Case No.228/2008, in a death claim of minor Kapil, who was eight years of age at relevant point of time. Deceased is son of appellants no.1 and 2, brother of appellants no.3 and 4 and grandson of appellants no.5 and 6. 2. Contention of learned counsel for appellants is that while deciding issue no.1 learned Tribunal held that accident took place due to negligence of respondent no.1 but while deciding issue no.2, it has awarded petty amount of compensation of Rs. 1,80,000/- only while as per judgment of the Hon'ble Supreme Court in the case of Manju Devi and Another v. Musafir Paswan and Another - 2005 (1) TAC 609 (SC) , appellants are entitled to get compensation of Rs. 2,25,000/-. It is argued that Hon'ble the Supreme Court as well as this Court in recent judgments, awarded minimum compensation of Rs. 2,00,000/- for death of a child of more than 5 years upto 10 years of age. The deceased in present case was eight years of age at relevant point of time. It is therefore prayed that the compensation may suitably be enhanced. 3. Learned counsel for respondents opposed the appeal and submitted that learned Tribunal has awarded a just and reasonable compensation. 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 v. Gurumel Singh and Others, considered judgments of the Supreme Court in Oriental Insurance Company Limited v. Syed Ibrahim and Others and Kaushlya Devi v. 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. 1,50,000/- is just and proper for death of a child upto 5 years of age, 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.
1,50,000/- is just and proper for death of a child upto 5 years of age, 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 the fact that deceased child was eight years of age at the time of accident, and judgment of this Court in Smt. Nana Devi, supra, the appeal deserves to be partly allowed. The award of compensation deserves to be enhanced to Rs. 2,00,000/-.Appeal is accordingly partly allowed. Compensation of Rs. 1,80,000/- awarded by learned Tribunal is enhanced to Rs. 2,00,000/-. The claimants are entitled to get interest on the enhanced amount of compensation at the rate of 6% per annum from the date of filing of claim petition till its realization. Compliance be made within three months.Appeal partly allowed. *******