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Judgment
C.R. Kumaraswamy, J.—This Miscellaneous First Appeal is filed u/s 173(1) of MV Act against the judgment and award dated: 29.11.2010 passed in M.V.C. No. 191/2011 on the file of the Presiding Officer, Fast Track Court-IV and Member, M.A.C.T., Belgaum, partly allowing the claim petition for compensation and seeking for enhancement of compensation.
With the consent of the learned counsel for the appellants as well as the learned counsel for the respondents, this matter was heard on merits. The materials placed before this Court is sufficient to dispose of this case at this stage.
The case of the claimants in the Claims Tribunal is as under:-
That on 26.03.2009 at about 4.45 p.m., the minor deceased Manikanth Ramchandra Haibatti was playing on cot kept in front of the house of Sadeppa Fakirappa Nannoji at Maratha Galli, Bhendigeri. At that time a tractor trolley bearing registration No. KA-22-T-376, 377 which was carrying wood and wooden logs, driven by its driver in a rash and negligent manner with high speed in a rash and negligent manner, hit against the minor deceased, as a result of which, the deceased fell down and dragged and suffered injuries to all over body. Consequently, he died at the spot.
The Claims Tribunal has awarded the compensation of Rs. 2,30,000/- with interest at 6% per annum.
Unsatisfied with award amount, the claimants have preferred this appeal seeking for enhancement of compensation.
In this case, the deceased was 4 1/2 years old boy. The claimant No. 1 is the father who is aged about 32 years and claimant No. 2 is the mother who is aged about 25 years. The compensation to be awarded has to be just compensation which means reasonable and something conforming to rectitude and justice. A just compensation has to be an equitable and fair compensation also. In case of death of a boy who is 41/2 years old, it is difficult to assess exact compensation that has to be awarded to the parents of the deceased. There is no criteria as to how the compensation has to be awarded in case of death of a boy who is 4 1/2 years old. Learned counsel for the appellants submits that the minor deceased was the only son to the claimants. Taking into consideration of the age of the parents and also number of years the deceased would have supported his parents after he started his earnings, in my view, a just, reasonable and proper compensation complying with norms, would be Rs. 3,55,000/-.
The enhanced compensation will bear interest at 6% per annum from the date of petition till the date of payment.
In view of the above discussion, I pass the following:-
ORDER
This Miscellaneous First Appeal is allowed in part.
The compensation is enhanced from Rs. 2,30,000/- as awarded by the Claims Tribunal to Rs. 3,55,000/-
The enhanced compensation amount will bear interest at 6% p.a. from the date of petition till date of payment.
Rest of the judgment and award is accepted.