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Judgment
C.R. Kumaraswamy, J.—This Miscellaneous First Appeal is filed u/s 173(1) of Motor Vehicles Act against the judgment and award dated
09.02.2011 passed in MVC No. 485/2010 on the file of the MACT No. V at Bijapur, wherein, partly allowing the claim petition and seeking for
enhancement of compensation. A 12 years old boy by name Bhimashi Pujari met with an accident and he died. The claimants are none other than
the parents of the deceased. The age of the parents of the deceased is 40 years and 38 years. The accident occurred during the year 2010. The
Claims Tribunal at para-9 in respect of issue No. 2 has mentioned as under:
During the course of argument, learned counsel for R2 submitted that PW. 1 in the cross examination admitted that his son was studying in 6th
standard, but not produced any documents i.e. School Records, hence it cannot be said that deceased was aged 12 years and he might have aged
below 10 years, hence he prays to award Rs. 1,80,000/- as compensation. Learned counsel for petitioners Smt. GRS present and orally given
consent to award Rs. 1,80,000/-. In view of submission of both side counsel, it is just and necessary to award compensation of Rs. 1,80,000/-.
The Claims Tribunal has awarded a compensation of Rs. 1,80,000/-.
Feeling aggrieved by the same, the appellants-claimants have preferred this appeal.
The learned counsel for the appellants submits that the compensation awarded is not just. The Tribunal would have awarded a just
compensation in a case of death of a minor boy of 12 years old. Even in case if the appellants have consented, the Tribunal has to examine the
facts and circumstances and award a just compensation. He relies on the decision in the case of Manjuladevi Vs. Musafar Paswan and Another
reported in 2005 ACJ 99 wherein the Apex Court has awarded a compensation of Rs. 2,25,000/- under the head of loss of dependency.
Applying the principles laid down in the said decision, also considering the submissions of the learned counsel for the appellant as well as the
learned counsel for respondent No. 2 a sum of Rs. 2,25,000/- is awarded by way of global compensation for the death of a 12 years old boy. The
enhanced compensation amount 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
i) This Miscellaneous First Appeal is allowed in part.
ii) The compensation is enhanced from Rs. 1,80,000/- as awarded by the Claims Tribunal to Rs. 2,25,000/-.
iii) The enhanced compensation will bear interest at 6% per annum, from the date of petition till the date of payment.
iv) Rest of the judgment and award is accepted.