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J.R.MIDHA
Mohd. Ayyub – Appellant
Versus
Satish Kumar Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Iqbal Ashraf Rahmani, Adv
For the Respondents: Tarkeshwar Nath and P.K. Mishra, Advs.

JUDGMENT :

J.R. Midha, J.

1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,80,000 has been awarded to the appellants. The appellants seek enhancement of the award amount.

2. The accident dated 22.11.2006 resulted in the death of Amir Khan. The deceased was survived by his parents who filed the claim petition before the learned Tribunal.

3. The deceased was aged 7 years at the time of accident and was studying in IV Standard. Deceased was going with his father from his residence to the market at Lal Bazar, Khanpur Mor, Loni, Ghaziabad when minibus bearing No. DL 1V-A 2309 came from front side and hit the deceased resulting in the death of the deceased. The learned Tribunal awarded Rs. 1,80,000 to the appellants.

4. Learned Counsel for the appellants refers and relies upon the judgment of this Court in the case of National Insurance Co. Ltd. v. Farzana, 2009 ACJ 2763 (Delhi), in which compensation of Rs. 3,75,000 has been determined in respect of the death of a child aged 7 years, following the judgments of the Hon'ble Apex Court and this Court in the cases of Manju Devi v. Musafir Paswan 2005 ACJ 99 (SC); Sobhagya Devi v. Sukhvir Singh II (2

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