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2022 Supreme(Kar) 1505

SHIVASHANKAR AMARANNAVAR
Suresh – Appellant
Versus
D. Ramesh – Respondent


Advocates appeared:
Sri Bhojaraja, Advocate, for the Appellant; Smt. Anusha N, Advocate For Sri C M Poonacha, Advocate, for the Respondent.

JUDGMENT

1. Heard the learned counsel appearing for the parties.

The minor girl succumbed to the injuries in an accident that occurred on 19.04.2015.

2. The Tribunal by its judgment and award dated 16.08.2016 has awarded a compensation of Rs.3,50,000/-with interest at 9% from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants being parents of the deceased minor girl has filed this appeal for enhancement of compensation.

3. Learned counsel for the appellants/ claimants placed reliance on the judgment of the Hon'ble Apex Court in the case of Kishan Gopal and Another vs. Lala and others (AIR 2013 SCW 5037) wherein the Hon'ble Apex Court has awarded compensation of Rs.4,50,000/- and another Rs.50,000/- under conventional heads.

4. It is his further submission that in the case on hand, the deceased was aged 2 years at the time of accident. In the case of this nature, it is difficult to assess the loss in pecuniary term and that the Motor Vehicles Act is also silent in providing any basis to award just compensation. Under these circumstances, it is his submission that what has been held by the Hon'ble A

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