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Judgment
Dhrub Narayan Upadhyay, J.—This appeal has been preferred by the claimants/appellants against the judgment and award dated 30th June, 2011 passed by the District Judge cum M.A.C.T., Chatra in connection with Claim Case No. 12/2006.
The facts in brief is that Guddu Kumar aged about two and half years died in a road accident due to rash and negligent driving of Tractor bearing registration No. BRA-6010. The incident took place on 6.3.1997. The claimants being father and mother of deceased Guddu Kumar have filed an application for grant of compensation which was registered as Claim Case No. 12/2006. The learned Tribunal has assessed the compensation amount to the extent of Rs. 60,000/- and the awarded amount was directed to be paid by respondent No. 2-New India Assurance Company Ltd.
Being aggrieved by and dissatisfied with the award the appellants have challenged the impugned judgment and award on the ground that assessment of compensation amount is not just and reasonable but in course of argument the learned Counsel has submitted that the appellants shall be satisfied if a sum of Rs. 1,00,000/- more as lump sum compensation against the death of their son is paid to them.
Learned Counsel appearing for the Respondent-Insurance Company has opposed the argument and submitted that the child was hardly two and half years old and he died due to his negligence. Since the claimants have not taken care of their minor child, the incident took place. Learned Tribunal has rightly assessed the compensation amount.
I have gone through the impugned judgment and I do admit that compensation amount awarded in favour of the appellant is not just and reasonable and therefore, the Respondent-Insurance Company is directed to pay Rs. 1,00,000/- more as additional compensation as lump sum to the claimants as agreed by them and said amount shall be paid within 60 days from today failing compliance the additional compensation amount shall carry 8% interest p.a. from the date of this judgment.
Accordingly, this appeal stands allowed.