NAINITAL APPEAL FROM ORDER No. 546 of 2007 · Uttarakhand High Court

Heard Sri D.S. Patni, Advocate, holding brief of Sri Manish Dalakoti, learned counsel for the appellants, Sri K.C. Tiwari, learned Standing Counsel for the State/respondent and perused the record.

The counsel for the appellants has argued that the amount awarded in favour of the claimants is quite meager. He has also submitted that the Tribunal has not recorded any cogent and reliable finding while granting the amount of Rs. 50,000/- as compensation to the claimants. He has further 3 stated that even if the schedule under Section 163-A of the Motor Vehicle Act is to be considered, the amount of compensation would comes to Rs. 1,50,000/- in the case of child death.

Learned Standing Counsel for the State appearing on behalf of the respondent has submitted that the amount awarded in favour of the claimant is absolutely justified. He has also stated that the interest awarded by the Tribunal is against the provision of law.

Having considered the arguments advanced by learned counsel for the parties, I am of the view that the Tribunal has not recorded any reasonable and cogent finding in order to award the amount of compensation to the tune of Rs. 50,000/-. The accident in this case took place in the year 1997 and the law prevailing at that time for awarding the compensation would be in view of the schedule given in Section 163-A of the Motor Vehicle Act. It is a case of child death and according to the schedule, the amount, in the case of child death is to be awarded to the tune of Rs. 1,50,000/- (10000 X 15), the Tribunal has not taken into account the other schedule given under Section 163A or any principle governing at par the adequate and just compensation. It is not disputed that it is a case of child death but even then the Tribunal should have taken into consideration the amount of compensation is to be awarded in favour of the claimants is just and proper. However, I am of the view that the claimants are entitled for a sum of Rs. 1,50,000/- as compensation.

The interest awarded by the Tribunal does not appear to be logical. To my mind, the interest should be 6% 4 instead of 12% from the date of filing the claim petition, till the actual date of payment.

For the reasons stated above, the appeal is partly allowed. The claimants are entitled for a sum of Rs. 1,50,000/- instead of Rs. 50,000/- along with interest @ 6% per annum instead of 12% from the date of filing the claim petition till the actual date of payment, as has been awarded by the Tribunal.

10.12.2008 ASWAL (B.C. Kandpal, J.)