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Judgment
Aggrieved from the judgment and award dated 18.12.2006 passed by the Motor Accident Claims Tribunal (Auxi.), Fast Track Court No. 3, Nadiad, in MAC Petition No. 3772/2002, whereby, the Tribunal has awarded Rs. 2,25,000/- to the claimant with 9% interest, the Appellant- GSRTC has come in appeal.
Learned counsel for the appellant has submitted that while passing the award, the Tribunal has not taken into consideration the personal expenses of the deceased. According to her, the parents of the deceased were likely to spend some amount for education and this amount has not been deducted from the compensation awarded by the Tribunal.
This Court has considered the submissions of the learned counsel for the appellant. It is not in dispute that a child of 7 years age has lost his life because of the accident. The child might have good prospectus and bright future. Recently, the Hon''ble Supreme Court in Civil Appeal No. 1339 of 2017 in the case of State of Himachal Pradesh and others vs. Naval Kumar Alias Rohit Kumar, reported in (2017)3 SCC 115, where a child of 8 years suffered electrocution resulting in amputation of both the arms, and as a result of accident, the child had to discontinue his education and became totally dependent on his family members for his daily activity, the High Court passed award of Rs. 1,25,00,000/- which has been reduced to Rs.90,00,000/- by the Hon''ble Supreme Court. Keeping in view in this case, the amount involved and the fact that 7 years old child has lost his life and in view of the aforementioned judgment of the Hon''ble Supreme Court, this Court is not inclined to interfere with the award passed by the Tribunal.
Resultantly, the present appeal is being devoid of any merits, is dismissed, however, without treating it as precedent.
As the main appeal is dismissed, Civil Application No. 11512 of 2007 also stands dismissed.