Ravinder vs Surender Kumar

Jitendra Chauhan, J.—The present appeal has been filed by claimant-appellant, seeking enhancement of the compensation awarded by the learned Motor Accidents Claims Tribunal, Hisar (for short "the Tribunal"), vide award dated 12.10.2011, on account of death of unborn child of Sapna, wife of the appellant, in a motor accident. Learned counsel for the appellant submits that the learned Tribunal, without appreciating anything, awarded a lump sum amount of Rs. 50,000, which is a very meagre amount on account of death of unborn child.

On the other hand, the learned counsel for the respondent insurance company has contended that just and appropriate compensation has been awarded by the learned Tribunal. Therefore, the present appeal may be dismissed.

I have heard the learned counsel for the parties and perused the record carefully.

It is not disputed that the death of Sapna occurred due to the injuries suffered by her in a road accident. In the said accident, death of a stillborn child also occurred. The learned Tribunal awarded a lump sum amount of Rs. 50,000, which is inadequate. In National Insurance Company Ltd. Vs. Kusuma and Another, , the Hon'ble Supreme Court has allowed a sum of Rs. 1,80,000, as compensation, in case of death of stillborn child. In the light of the said judgment, this court feels that the ends of justice would be met if the compensation granted to the appellant is enhanced from Rs. 50,000 to Rs. 2,00,000. Ordered accordingly.

Accordingly, the enhanced compensation, i.e., Rs. 1,50,000 shall be paid to the claimant-appellant within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which the appellant shall be entitled to get interest at the rate of 7.5 per cent per annum from the date of filing of appeal till its realization. In view of the above, the present appeal is partly allowed and the impugned award is modified to the above extent.