S.B. CIVIL MISC. APPEAL NO.134/2004 ABDUL WAHID & Ors. v. SADRAM & Anr DATE OF ORDER :- MAY 09 & Ors.
Case at a glance
- Decided
- 09 May 2008
- Bench
- GUMAN SINGH
Outcome
Disposed of
The appeal stands disposed of
Provisions considered
- Motor Vehicles Act, 1988 s. 173
Key paragraphs
Judgment
- MAY 09, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Anil Upman on behalf of Shri Samshuddin Ansari for the appellants. Smt. Manju Jain, for RSRTC
The case has come up for admission. Both the parties agree to dispose of the case at admission stage.
Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal.
This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by dependents of deceased Fakruddin aged 20 years, for enhancement of claim against the award dated Oct. 07, 2003, of the learned Motor Accident Claims Tribunal Jaipur city, Jaipur (for short 'the Tribunal'), in Claim Petition No. 1955/99, whereby a sum of Rs.1,54,000/- has been awarded as compensation to the claimants-appellants.
Learned counsel for the claimant appellant submitted that the amount of compensation awarded is inadequate as the 2 deceased was 20 years of age and it is even lower than what is being awarded to the child of 10 to 15 years as held by a co-ordinate Bench of this Court in Kan Singh & Ors v/s Panchu Ram & Ors, SB Civil Misc. Appeal No.1214/2000, decided on
11.10.2007. Learned counsel submitted that in the aforesaid judgment the co-ordinate Bench of this Court had an occasion to consider the amount of compensation to be awarded to the children of the age group classified therein and the children between the age of 10 to 15 have been awarded Rs.2,25,000/- on the basis of the judgment of Apex Court in New India Assurance Co. Ltd. Vs Satender and Ors reported in 2007(1) WLC (SC) Civil 196 : 2007(1) TAC 11 (SC). Learned counsel submitted that at least the compensation being awarded to the aforesaid age group may be awarded in the present case where the deceased is 20 years of age.
Per contra, learned counsel for the Insurance Company, supported the award of the learned Tribunal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a 3 case for interference by this Court.
In view of the submissions advanced and on going through the award as well as the record of the case, it is revealed that the deceased was of 20 years of age at the time of death and as has submitted that the co-ordinate Bench of this Court has considered the judgment of the Apex Court in Satendra's case (supra) and has observed that the compensation of Rs.2,25,000/- to the child of age group of 10-15 years can be awarded.
In view of the submissions advanced in the light of above legal position and the fact that the deceased was of 20 years old, the compensation deserves to be enhanced by Rs.2,25,00/-.
Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.1,54,000/- to Rs.2,25,000/-, with interest at the rate of 6% from the date of appeal i.e.
13.1.2004 and the same shall be payable within three months from the date of this order, failing which, the amount shall entail interest at the rate of 9% p.a.
Operative part
The appeal stands disposed of with the above modification. 4 (Guman Singh)J. Chauhan/-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal stands disposed of
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173.
Which court decided this case, and when?
Rajasthan High Court, on 09 May 2008. The bench was GUMAN SINGH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.