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2014 DIGILAW 361 (PNJ)

Sushma v. State of Haryana

2014-02-13

JITENDRA CHAUHAN

body2014
Judgment Jitendra Chauhan, J. Application for condonation of delay keeping in view the averments made in the application, the same is allowed. The delay of 41 days in filing the instant appeal is hereby condoned. Main Appeal The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Ambala (for short 'the Tribunal'), vide award dated 15.10.1998, on account of the death of Pooja, in a motor vehicular accident. 2. Learned counsel for the appellants contends that the deceased was three years of age at the time of accident. The learned Tribunal awarded a sum of Rs.50,000/- , as compensation, which is inadequate. 3. On the other hand, the learned counsel for the respondent State submits that the compensation awarded by the learned Tribunal is just and appropriate. Therefore, the present appeal deserves to be dismissed. 4. I have heard the learned counsel for the State and perused the record carefully. 5. It is not disputed that the death of Pooja, daughter of the appellants, occurred due to the injuries suffered by him in a road accident. The deceased was three years old at the time of her death. In Kishan Gopal and another vs. Lala and others 2013 (4) RCR (Civil) 276 the deceased was a young boy of 10 years. The Hon'ble Supreme Court by taking the notional income of the child at Rs.30,000/- per annum and applying the multiplier of 15, according to the age of the parents of the deceased, awarded a sum of Rs.4,50,000/- plus Rs.50,000/- under conventional heads. Keeping in view the same, in the present case, this Court feels that the ends of justice would be met, if the compensation awarded by the Tribunal is enhanced from Rs.50,000 to Rs. 5 lacs (Rs.4,50,000 + 50,000/- under conventional heads). Ordered accordingly. 6. Accordingly, the enhanced compensation amount i.e. Rs.4,50,000/- shall be paid to the claimant-appellants, in the manner indicated in the impugned award, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5 % per annum from the date of the filing of the appeal till its realisation. Amount already paid, if any, be deducted. 7. Amount already paid, if any, be deducted. 7. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.