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Judgment
This appeal has been preferred by the appellant-claimant against the judgment dated 20.3.1998 passed by the learned Single Judge in Misc. Appeal No. 466/1993(R) (Appeal from Original Order}. The prayer of the appellant-claimant to enhance the compensation amount was accepted and it was enhanced from Rs. 40,000/- (Forty thousand only) to Rs. 50,000/- (Fifty thousand only) together with interest at the rate of 18% from the date of the award.
However, it appears that the appellant-claimant is not satisfied with such enhancement of Rs. 10,000/- (Ten thousand only) together with 18% interest. So the present letters patent appeal has been preferred by him.
The case as made out by the claimant is that the deceased, a boy aged about 15 years, was reading in Class-VIII. On 11.10.1990, at about 4.30 p.m. while the (deceased) boy was entering into the home after coming from the school, he was dashed by a Matador bearing Registration No. BEY-2056 which was running in a very high speed. It caused grievous injury on his person and he was rushed to the hospital. Subsequently he succumbed to the injuries.
On the basis of the evidence adduced by the claimant, the learned Tribunal assessed the compensation at Rs. 40,000/- (Forty thousand only) together with 12% interest and the Insurance Company was asked to pay the same.
In miscellaneous appeal the appellant-claimant took plea that the deceased boy had certain income. However, the learned Single Judge taking into consideration the fact that no documentary evidence was filed in support of the fact that the deceased was a school-going boy and had some sort of income, allowed enhancement of claim for Rs. 10,000/- (Ten thousand only). Learned Single Judge held that the amount of Rs. 40,000/- (Forty thousand only) is on the lower side which should be Rs. 50,000/- (Fifty thousand only) and directed the Insurance Company to pay the rest Rs. 10,000/- (Ten thousand only) together with 18% interest.
In the present appeal no case has been made out to interfere with the quantum as assessed by the Tribunal and the Appellate Court, which is based on evidence.
This letters patent appeal is accordingly dismissed. However, there shall be no order as to cost.