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2018 DIGILAW 2342 (JHR)

Meena Devi (mother) v. Nunu Chand Mahto @ Nemchand Mahto

2018-10-24

RAJESH KUMAR

body2018
JUDGMENT Rajesh Kumar, J. - Heard the parties. 2. Present appeal has been filed by the appellant against the award dated 06.10.2012 passed by learned Principal District Judge-cum-P.O., M.V.A.C.T., Giridih in M.V. Claim Case No.14 of 2007. 3. The brief fact is that son of the claimant while playing outside his house, has been dashed by Commander Jeep bearing registration No.JH11A-6894 and due to this, son of the claimant has suffered injury and he ultimately died in the way to the hospital. The child is 12 years old and was a student of Class-V at Nehru Academy School, Dumri, District Jamtara. 4. The accident, involvement of the vehicle and liability of the Insurance Company are not in dispute. Only quantum of compensation is in dispute. 5. It has been argued on behalf of the claimant that he has prayed for compensation of Rs. 2,00,000/- but the Claim Tribunal has granted compensation to the tune of Rs. 1,50,000/-. 6. Learned counsel for the Insurance Company submits that the compensation amount with interest to tune of Rs. 1,75,800 has already been paid to the claimant as awarded by the learned Tribunal on 13.06.2013. 7. I have perused the record. From perusal of the record, it appears that the deceased was studying in Class-V in a private school. Seeing the entire facts and circumstances of the case, claim amount is enhanced to Rs. 2,00,000/-, which has been claimed by the claimant. 8. It is made clear that enhanced amount will carry interest @ 6% from the date of 22.05.2010 as awarded by the Tribunal. With the above modification, this appeal is allowed.