Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 745 (RAJ)

Nathu Lal v. Ram Singh

2012-03-26

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in this appeal is to the judgment and award dated 23.6.2001, whereby the Motor Accident Claims Tribunal, Jaipur in Claim Case No. 1759/1996 decreed an amount of Rs.1,00,000/- in favour of the appellants and against the respondents. 2. Learned counsel for the appellants canvassed that at the time of accident, the deceased Ganesh was of 7 years of age. In numerous cases, the Apex Court as also this Court awarded compensation not less than Rs. 1,50,000/- in child death cases, whereas in the instant case, the learned Tribunal has passed award of Rs. 1,00,000/- only which is abysmally low. Hence, the impugned award be modified and the amount of compensation be reasonably enhanced. 3. E Converso, the learned counsel for the respondents have argued that the amount of compensation i.e. Rs. 1,00,000/- awarded by the learned Tribunal is perfectly just and it justifies no interference. 4. Having considered the submissions made at the bar and carefully perused the relevant material on record, it is noticed that the claimants have stated the victim child to be the age of 7 years at the time of his death. In the post mortem report also, the age of the deceased was estimated to be 7 years. In the case of Smt. Malti & 52 others vs. M.K. Vasu & others reported in 2008(1) WLC Rajasthan page 589, this Court observed as under:- “With regard to compensation for the victim non earning children, the Apex court has extensively dealt with these aspects in case title New India Assurance Co. Ltd. vs. Satender and Ors. (supra). Therefore, these appeals are disposed of holding the claimants entitled to the following compensation: (i) The claimants of the victim child in the age group upto 5 years shall be entitled to compensation to a sum of Rs. One lac. (ii) The claimants of victim child in the age group of 5 to 10 years shall be entitled to a sum of Rs. 1,80,000. (iii) The claimants of the victim child in the age group of 10 to 15 years shall be entitled to compensation to a sum of Rs. 2,25,000/-." 5. Since the age of the victim child has been found to be 7 years and he falls in the age group of 5 to 10 years, hence in the light of the aforesaid judgment, the claimants are entitled to get a lumpsum amount of Rs. 2,25,000/-." 5. Since the age of the victim child has been found to be 7 years and he falls in the age group of 5 to 10 years, hence in the light of the aforesaid judgment, the claimants are entitled to get a lumpsum amount of Rs. 1,80,000/- as compensation from the respondents non claimants. They are also held entitled to get interest @ 6% per annum from the date of filing the claim petition till the amount is actually realized, instead of interest @ 9%, as awarded by the learned Tribunal. 6. For the reasons stated above, the appeal filed by the claimants-appellants is partly allowed and the impugned judgment and award is modified to the following extent: "The appellants-claimants are held entitled to claim the compensation of Rs. 1,80,000/- instead of Rs. 1,00,000/- (one lac) from the respondents-non claimants. They are also held entitled to claim the interest @ 6% per annum on the enhanced quantum of compensation from the date of filing the claim petition till the amount is actually realized instead of interest @ 9% per annum, as awarded by the learned Tribunal." Rest of the terms and conditions under the award shall remain unchanged. The impugned award stands modified, as indicated here-in-above.