Girdhar Gopal and Others vs Babulal and Others

Shiv Kumar Sharma, J.—Dissatisfied with the size of the award passed by the learned Judge, M.A.C.T., Jaipur dated 15.5.1989, the claimants have preferred this appeal.

The claim-petition was related to an accident which occurred on 14.7.1983 resulting into the death of the only son of the claimants. The deceased Deepak was 17 years of age at the time of accident and he was a student of B. Com. 2nd year. Mr. Sandeep Mathur has placed reliance on Haji Zainullah Khan (Dead) by Lrs. Vs. Nagar Mahapalika, Allahabad, and Bhura Lal v. Nanu Ram 1996 (1) WLC 142.

In view of the ratios of the aforementioned judgments, the claimants in the present appeal are also entitled to get lump sum award of Rs. 1,50,000 as the case of the present appellants is not distinguishable from that of the cases referred herein-above. Therefore, I allow this appeal in part and the award granted by the learned Tribunal should be stepped up.

Consequently, I direct that the appellants are entitled to receive a lump sum compensation of Rs. 1,50,000. They shall also be entitled to get interest at the rate of 12 per cent from the date of filing of the claim petition till the receipt of the lump sum.