Kanhaiyalal and Another vs Dr. Anil Kumar and Another

R.K. Verma, J.—This is an appeal filed by the claimants--parents of the deceased son Dineshchandra--against the award dated 16.1.1985 made by the Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 6 of 1984 whereby the learned Tribunal has awarded Rs. 15,000/- as compensation together with interest at the rate of 9 per cent per annum on account of the death of the deceased Dineshchandra who died as a result of motor accident on 7.1.1984 when he was struck down by a motor cycle bearing registration No. MBU 8541 while he was standing on the roadside in front of his house at Alirajpur.

On a claim petition having been filed by the Appellants, parents of the deceased Dineshchandra, who was aged 12 years on the date of the accident, the learned Tribunal on the basis of evidence adduced in the case, found that the deceased Dineshchandra died as a result of an accident which took place due to rash and negligent driving of the motor cycle in question--belonging to Dr. Anilkumar, Respondent No. 1 and that the deceased was the only son of his parents and awarded compensation of Rs. 15,000/- against the Respondent No. 1 with interest at the rate of 9 per cent per annum, from 17.1.1984, the date on which the claim petition was filed, till realisation. The Respondent No. 2, insurance company, was exonerated of the liability on a finding that the motor cycle was not insured on the date of the accident.

Being aggrieved by the inadequacy of the compensation awarded, the claimants have preferred this appeal against the award. The Respondent No. 1 has also filed a cross-objection.

Having heard Learned Counsel for the parties, we have come to the conclusion that the finding of the learned Tribunal on the question of rash and negligent driving by the cross-objector-Respondent is justified on the evidence on record and that the circumstances of the case call for an enhancement of compensation.

Learned Counsel for the Appellants has submitted that the compensation amount of Rs. 15,000/- and the interest awarded thereon are much too inadequate in the circumstances of the case, the Appellants having lost their only son on account of the motor accident. He has placed reliance on a decision of this Court in Saraswati Bai v. Damodar Prasad 1987 ACJ 501 (MP), wherein, while awarding a compensation of Rs. 21,000/- to the claimant-mother for the death of her only son, it was observed that the claimant would be entitled to atleast Rs. 50,000/- , but award could only be enhanced to the extent of Rs. 21,000/- because it was prayed to that extent. But in that case, the distinguishing feature was that the father of the deceased was a handicapped person and it was observed in the circumstances that the value of the only son was immense. Having regard to the circumstances of this case, we think that a compensation of Rs. 30,000/- would be just and reasonable and accordingly we order enhancement of compensation amount from Rs. 15,000/- as awarded by the learned Tribunal to Rs. 30,000/- . The rate of interest at the rate of 9 per cent per annum awarded by the learned Tribunal is, in our opinion, also liable to be modified and raised to 12 per cent per annum.

In the result, this appeal is partly allowed. The award of the learned Tribunal is modified inasmuch as the amount of compensation is enhanced from Rs. 15,000/- as awarded by the learned Tribunal to Rs. 30,000/- and the rate of interest is enhanced from 9 per cent per annum as awarded by the learned Tribunal to 12 per cent per annum from the date of the claim petition till the date of realisation. The cross-objection filed by the Respondent is dismissed. There shall, however, be no order as to costs, which the parties shall bear as incurred in this appeal and the cross-objection.