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2001 Supreme(Raj) 971
High Court Of Rajasthan
Judgename : J.C.VERMA
BADRI - Appellant
Versus
SURENDRA KUMAR - Respondent
S. B. C. M. A. 811 Of 1996
Decided On : 09/10/2001
K.N.TIVARI, S.L.SHARMA, T.P.SHARMA
The court has the authority to enhance compensation awarded by the Motor Accidents Claims Tribunal based on precedent cases and the circumstances of the case.
Headnote:
Compensation - Motor Accidents Claims Tribunal - The court enhanced the compensation awarded by the Motor Accidents Claims Tribunal for the death of a child in a motor accident, based on precedent and awarded a higher amount of compensation with the same rate of interest.
Fact of the Case:
The appeal was filed against the award passed by the Motor Accidents Claims Tribunal, Jaipur District, in a case where a 9-year-old child died in an accident caused by a specific vehicle.
Finding of the Court:
The court found that the deceased had died due to an accident caused by the offending vehicle and decided to enhance the compensation awarded by the Tribunal based on a precedent case.
Issues: The main issue was the determination of the appropriate compensation for the death of the child in the motor accident.
Ratio Decidendi: The court relied on a precedent case to enhance the compensation, considering the circumstances of the case and the amount awarded in the similar case.
Final Decision: The appeal was allowed, and the court enhanced the compensation awarded by the Motor Accidents Claims Tribunal.
VERMA, J.
( 1 ) THIS appeal has been filed against the award dated 26. 6. 1996 passed by the Motor Accidents Claims Tribunal, jaipur District, Jaipur. The claim petition was filed by the parents of the deceased kumari Soni who had died in an accident. The age of the deceased at the time of accident was 9 years.
( 2 ) THE Tribunal after having framed the issues had come to a finding that the deceased had died because of an accident caused by the offending vehicle No. HR 26-A 7648, however, had awarded the amount of compensation as Rs. 50,000 along with interest to be paid at the rate of 12 per cent per annum from 15. 2. 1993. This appeal has been filed for enhancement of compensation by the parents of the deceased.
( 3 ) LEARNED counsel for the appellants placed reliance upon the judgment rendered in the case of Shyam Lal v. Rajendra kumar, 2001 ACJ 215 (Rajasthan), in which on the death of a child an amount of Rs. 1,50,000 was awarded. In view of the above judgment, the amount of compensation is enhanced to such an amount with the same rate of interest.
( 4 ) IN view of the above said reasons and discussions, the appeal is allowed and stands disposed of. Appeal allowed.
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