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Judgment
M.D. Shah, J.—By this first appeal, the appellants herein original claimants have challenged the judgment and award dated 8.4.2002 passed by the learned M.A.C. Tribunal (Auxi.), Vadodara in M.A.C.P. No. 1126 of 1993. The claim petition was filed by the claimants claiming compensation of Rs. 1,50,000 as their daughter died in vehicular accident which took place on 26.9.1992. It is the case of the original claimants that on 26.9.1992 the deceased was standing on Ajwa Road and she was waiting for S.T. Bus at the bus stand. At that time, driver of the S.T. Bus came at the bus stand where the passengers were boarding the bus and when the deceased had placed one foot on the bus at that time, driver of the S.T. Bus started the bus suddenly, as a result of which deceased was thrown away from the bus and sustained serious injuries on her head and she expired. The learned Tribunal after considering oral and documentary evidence by order dated 8.4.2002 partly allowed the claim petition of the appellant herein. Against the said award, the appellant - original claimants have preferred this appeal for enhancement of compensation.
It is submitted by Mr. Hakim, learned Advocate for the appellants herein that learned Tribunal has not properly appreciated evidence on record. It is also submitted that at the time of accident, deceased girl was 15 years of age and in spite of that Tribunal has awarded Rs. 38,500 and by that committed error by granting compensation at lower rate. It is also submitted that considering the age of the deceased, claimants who are father and mother of the deceased minimum compensation of Rs. 1,54,500 should have been awarded. Therefore, it is requested to allow this appeal.
It is submitted by Ms. Patel, learned Advocate for the respondent - S.T. Corporation that award passed by the Tribunal is just and proper and not required to be interfered by this Court. Therefore, it is requested to dismiss the appeal.
Heard learned Advocates for the respective parties. This Court has gone through the judgment and award dated 8.4.2002 passed by the learned Tribunal together with oral as well as documentary evidence on record.
It is not in dispute that in the accident, deceased sustained serious injuries and thereafter, she died. The age of the deceased at the time of accident was 15 years. This Court has gone through the decision of Hon''ble Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, .
Considering the facts and circumstances and considering age of the deceased and considering the evidence on record and ratio laid down by the Hon''ble Supreme Court in Sarla Verma (supra), in opinion of this Court, it would be just and proper to award Rs. 1,00,000 as additional compensation to the appellants-original claimants and it would meet the ends of justice. In view of above, the first appeal is partly allowed. The appellants- original claimants are entitled to get additional compensation of Rs. 1,00,000 (Rupees one lac only) with 9% interest per annum on the additional compensation from the date of filing of the claim petition. Judgment and award dated 8.4.2002 passed by the learned M.A.C. Tribunal (Auxi.), Vadodara in M.A.C.P. No. 1126 of 1993 is modified to the aforesaid extent. The remaining part of the judgment and award would remain unaltered. Record and Proceedings, if any, be sent to the concerned Tribunal forthwith.