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Rajasthan High Court · body

2012 DIGILAW 27 (RAJ)

Manager Rajasthan State Road Transport Corporation v. Vimla Kanwar

2012-01-02

MOHAMMAD RAFIQ

body2012
Hon'ble RAFIQ, J.—This appeal has been filed by the appellant - Rajasthan State Road Transport Corporation, Jaipur assailing the award of the Motor Accident Claims Tribunal Sikar dated 21/11/2006 on the ground that award of Rs.2,71,000/- in a death claim case of deceased-child aged 5 years & 3 months, is towards the higher side. 2. Contention of the learned counsel for the appellant-RSRTC is that the learned Tribunal erred in law while awarding a sum of Rs.2,71,000/- as compensation in the death claim case of deceased-child aged 5 years & 3 months, whereas as per the latest pronouncements of the High Court as well as Supreme Court, Rs.2,00,000/- has been awarded for the children in the age group of more than 5 years upto 10 years. 3. Learned counsel for the claimants has opposed the appeal but could not controvert the aforesaid fact. 4. Having heard learned counsel for the parties and perused the award, I find that award of Rs.2,71,000/- as compensation in the death claim case of a child aged 5 years & 3 months is towards the higher side. This Court in S.B. Civil Misc.Appeal No.870/2001 : Smt.Nana Devi & Ors. vs. Gurumel Singh & Ors. & 21 other appeals decided on November 2, 2011, has enhanced the amount of compensation to Rs.2,00,000/- for the children in the age group of more than 5 years upto 10 years in which the learned Tribunal awarded lesser amount of compensation while placing reliance on the judgments of Supreme Court in R.K. Malik and Another vs. Kiran Pal and Others : (2009) 14 SCC 1 = 2009(2) CCR 1044 (SC) & Lata Wadhwa vs. State of Bihar : (2001) 8 SCC 197 . The amount of compensation deserves to be reduced to the reasonable sum. 5. In the result, the appeal is allowed in part. The award dated 21/11/2006 is modified to the extent that amount of compensation of Rs.2,71,000/- is reduced to Rs.2,00,000/-. The claimants shall be entitled to receive interest on the above amount of compensation @ 7.5% from the date of filing claim petition.