2007 Supreme(Raj) 1796
R.C.GANDHI
Malti – Appellant
Versus
M. K. Vasu – Respondent
For the Appellant:Shri Mahendra Goyal, Shri Intizar Ali, Shri K.N. Tiwari, Shri R.M. Sharma, Shri Virendra Agarwal, Shri J.P. Gupta, Shri Rakesh Bhargava, Shri Shashi Bhushan Gupta, Shri Sudhir Kumar Tiwari, Shri Mukesh Kumar Verma, Shri V.V. Harit, Shri Vizzy Agarwal, Shri Ved Prakash, Shri B.C. Rawat, Shri Ajay Raj Tantia, Shri Ram Singh Rathore, Shri Bhpendra Pareek, Shri Hari Krishna Sharma, Shri L.P. Singhal, Shri Sandeep Mathur, Shri Vinay Mathur, Shri Gaurav Gupta, Shri Sanjay SinghaI, Shri Ratan Kaushik, Shri Nitin Jain, Shri’R.P. Tiwari, Shri D.C. Gupta, Shri Praveen Jain, Shri G.K. Bhartiya, Shri J.M. Saxena, Shri Amit Sharma, Shri D.K. Bharadwaj, Shri Jitendra Mitruka, Shri Ramesh Khanna, Advocates.
For the Respondent:Raj Sharma, Shri Vinod Tyagi, Shri H.M. Bhargava, Shri Ashok Mehta, Shri Vigyan Shah, Shri H.C. Ganeshia, Smt. Chitra Goyal, Shri Amarnath Pareek, Shri K.R. Sharma, Shri G.S. Rathore, Shri Akash Kumar Agarwal, Shri N. K. Joshi, Shri Virendra Agarwal, Shri C.L. Saini, Shri Praveen Jain, Shri Deepak Goyal, Shri Tripurari Sharma, Shri Satyendra Sharma, Shri J.K. Singhi, Shri Raj Pal Chaudhary, Smt. Shruti Dixti, Shri N.S. Rathore, Shri Manoj Rathore, Shri Ram Singh Bhati, Shri J.P. Gupta, Shri Dinesh Kala, Shri G.S. Fauzdar, Shri V.D. Ghatala, Shri Vizzy Agarwal, Shri J.K. Dhingra, Shri Shamshuddin Ansari, Shri S.C. Purohit, Shri K.N. Tiwari, Shri B.C. Rawat, Shri Inderjeet Singh, Shri A.S. Narang, Shri Aladin Khan, Shri Tej Prakash Sharma, Shri B.S. Rajawat, Shri Jitendra Pandey, Smt. Sharda Pathak, Smt. Rajni Vyas, Advocates.
JUDGMENT
1. 1. These appeals are being decided by this common order as the facts and law relating to these appeals are common.
2. The victims, in these appeals, are the children within the age group of upto 5 years, 5 to 10 years and 10 to 15 years.
3. The parents of the deceased children have filed the claim petitions seeking compensation before the Motor Accident Claims Tribunals, under the Motor Vehicles Act, 1988 which were contested by the respondents i.e. the drivers and the owners of the offending vehicles and the respective Insurance Companies with whom the vehicles involved in accidents stood insured. On scanning the evidence, the Tribunals came to the conclusion that the drivers and the owners of the offending vehicles are vicariously liable and fastened the liability on the Insurance Company to indemnify the award amount.
4. Compensation In the case of child death upto the age of 5 years has been awarded from Rs. 35,000/- to 75,000/- in different claim petitions and in the case of child death in the age group of 5 to 10 years from Rs. 50,000/- to Rs. 1,02,000/- and in the age group of 10 to 15 years, Rs. 1,00,000/- to Rs. 2,00,000/.
5. The appeals have been preferred on the
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