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2015 DIGILAW 517 (GUJ)

Vinodbhai Alabhai Parmar v. Driver

2015-04-29

MOHINDER PAL

body2015
JUDGMENT : Mohinder Pal, J. 1. The present claim petition has been preferred by the claimants for enhancement of the compensation amount. The brief facts are that, on 09.12.1992 at about 5.20 p.m., son of the applicants namely Vinod was going on scooter bearing registration No. GQB-5559 of his friend Kaushal by sitting as a pillion rider from their society to market. When they reached near the Sardar Baugh, opponent No. 1l was coming from Sardar Baugh by driving his truck bearing registration No. GQB-5559, the truck was driven in rush and negligent manner and at an excessive speed. Truck dashed with the scooter and caused accident. In this accident, son of applicants had sustained serious injuries on his person. He was admitted in the hospital, where he succumbed to the injuries on the same day and later on scooter driver has died because of this accident. 2. During the course of arguments, learned Counsel for the appellant has referred to a decision passed by this Court in the case of Shaileshkumar Shantilal Gandhi & Anr. Versus Sunil Babulal Dixit & Ors. reported in 2013 (3) GLR Vol. 53 (3) wherein it has been held that the compensation amount for children between age group of 5 to 10 years should be Rs. 1.5 lakh to which conventional amount or Rs. 50,000/- is required to be added. In para Nos. 10 and 11 is reproduced as under:-- "10. If we look at the decision of the Supreme Court in the case of Lata Wadhwa, 2001 (8) SCC 197 ], relied upon in the case of Kaushalya Devi, 2007 (11) SCC 120 ], a three-Judge Bench of the Supreme Court, ultimately, arrived at the conclusion that the comp' amount for children between the age group of 5 to 10 years should be 1.5 lakh to which a conventional amount or Rs. 50,000/- is required to be added, and thus, the total amount which comes should be Rs. 2,00,000/-. 11. 50,000/- is required to be added, and thus, the total amount which comes should be Rs. 2,00,000/-. 11. In my opinion, in this case, when it has been found by the Tribunal itself that there was no contributory negligence on the part of the victims in the accident and the drivers of the offending vehicles were solely responsible, it will be appropriate to follow the view taken by the Supreme Court in the case of Lata Wadhwa, : 2001 (8) SCC 197 ] and the amount of compensation should be enhanced to Rs. 2,00,000/- in both these cases. It appears that the claimants have also restricted their claims to Rs. 2,00,000/- in each case. Such being the position, I set aside the award, so far as amounts of compensation in two cases are concerned, namely M.A.C.R No. 182 of 1993 and M.A.C.R No. 183 of 1993 and enhance the compensation to an amount of Rs. 2,00,000/- in each case, with interest at the rate of 12 percent per annum from the date of filing of the application till 31st December, 1999, and at the rate of 8 percent per annum from 1st January, 2000, till actual payment on the enhance amount." In the present case, a sum of Rs. 1.5 lakh has been awarded. In view of the aforementioned judgment, the amount enhanced to Rs. 2 lakh and claimants shall be further entitled to interest at the rate of 9 percent per annum on the enhanced amount to Rs. 50,000/- from the date till realization of this amount. On the other hand, learned Counsel representing the respondents was fair enough to consider the point that compensation in this case can be enhanced from Rs. 1.5 lakh to Rs. 2 lakh. Without further discussion, the award passed by the Tribunal is modified to the extent that the claimants shall be entitled to sum of Rs. 2 lakh in place of 1.5 lakh awarded by the Tribunal with interest at the rate of 9 percent per annum on the additional amount of Rs. 50,000/- so enhanced by this Court. With this modification, appeal stands disposed of.