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2019 DIGILAW 2673 (RAJ)

Hansraj v. Sohan Singh

2019-10-15

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - Appellants claimants have preferred the present appeal claiming the following reliefs:- "It is, therefore, respectfully prayed that this appeal may kindly be allowed, the judgment and award dated 27.8.2003 be modified and whole claim of the claimant appellants be ordered to be allowed with costs throughout." 2. The unfortunate accident happened on 8.2.2001 when one Desha Ram Meena while driving his three wheeler no.RJ.24/P.0416 in which Bhanwari, Chandra and her daughter Sita, etc. were sitting, was coming towards Sheoganj and when he reached near Shanker Singh's Jav, a tractor no.RJ.22/R.1221 which was being driven rashly and negligently, hit the three wheeler. The accident resulted into death of Sita, infant daughter of the appellants/claimants. 3. The limited proposition of the learned counsel for the appellants is that the compensation should be awarded in consonance with the RALSA guidelines read with the precedent law of the Hon'ble Apex Court in the case of Kishan Gopal vs. Lala, (2014) 1 SCC 244 . and thus, for the death of a child upto the age of 5 years, compensation of Rs.2.5 lakhs deserves to be granted. 4. Learned counsel for the respondent insurance company is not in a position to refute the application of the precedent law. 5. After hearing learned counsel for the parties and after perusing the record, this Court is of the opinion that the appellants are entitled to compensation of Rs.2,50,000/- on account of death of their infant daughter aged 18 months. 6. In view of the above, the present appeal is allowed. The respondents are directed to pay total compensation to the tune of Rs.2,50,000/- to the appellants strictly in accordance with the proportion as decided by the learned Tribunal in the impugned judgment dated 27.8.2003. The aforesaid amount shall be payable to the appellants along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made, within two months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made. The appellants shall, however, be at liberty to seek execution of the amount awarded while keeping into consideration the judgment of the Hon'ble Supreme Court dated 7.5.2015 passed in C.A. No.4244/2015 (Khenyei vs. New India Assurance Co. Ltd. and Others). 7. All pending applications stand disposed of.