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2011 Supreme(Raj) 1138
2012(1) CCR 669 (Raj.)
(Rajasthan High Court)
Jaipur Bench
R.S.R.T.C. Vs. Smt.Munni & Ors. (Rafiq, J.)
HON'BLE MOHAMMAD RAFIQ, J.
Rajasthan State Road Transport Corporation, Jaipur
Versus
Smt.Munni & Ors.
S.B. Civil Misc. Appeal No.908 of 2007, decided on 02.11.2011
Smt. Manju Jain, for Appellant-RSRTC;
R.S. Srivastava, for Respondents
Headnote:Motor Vehicles Act, 1988, Secs. 168 & 173 — Death of 7 years child — Compensation — Award of Rs. 2,25,000 — Appeal by RSRTC — Held — Awarded compensation is of higher side as per latest pronouncement of this court as well as Supreme Court — Compensation amount is reduced to the reasonable sum of Rs. 2,00,000/- — Award modified. (Para 4)
eksVj ;ku vf/kfu;e] 1988] /kkjk 168 ,oa 173 & 7 o"khZ; cPpsa dh e`R;q & izfrdj & 2]25]000@- #i;s dk vf/kfu.kZ; & jktLFkku jkT; iFk ifjogu fuxe }kjk vihy & vfHkfu/kkZfjr & vf/kfuf.kZr izfrdj bl U;k;ky; ds lkFk mPpre U;k;ky; ds lcls i'pkrorhZ izekf.kr fu.kZ; ds vuqlkj mPprj i{k dk gS & izfrdj jkf'k 2]00]000@- #i;s ds ;qfDr;qDr jkf'k rd dj fn;k & vf/kfuf.kZr mikUrfjr fd;kA ¼in la[;k 4½
vihy vkaf'kd Lohdkj dhA
2. Contention of the learned counsel for the appellant-RSRTC is that the learned Tribunal erred in law while awarding a sum of Rs.2,25,000/- as compensation in the death claim case of deceased-child aged 7 years, whereas as per the latest pronouncements of the High Court as well as Supreme Court, Rs.2,00,000/- has been awarded for the children in the age group of more than 5 years upto 10years.
3. Learned counsel for the respondents has opposed the appeal but could not controvert the aforesaid fact.
4. Having heard learned counsel for the parties and perused the award, I find that learned Tribunal definitely erred in law while awarding a sum of Rs.2,25,000/- as compensation in the death claim case of a child aged 6 years. This Court in S.B. Civil Misc.Appeal No.870/2001 : Smt.Nana Devi & Ors. vs. Gurumel Singh & Ors. & 21 other appeals decided on November 2, 2011, has enhanced the amount of compensation to Rs.2,00,000/- for the children in the age group of more than 5 years upto 10 years in which the learned Tribunal awarded lesser amount of compensation while placing reliance on the judgments of Supreme Court in R.K. Malik and Another vs. Kiran Pal and Others : (2009) 14 SCC 1 & Lata Wadhwa vs. State of Bihar : (2001) 8 SCC 197. The amount of compensation deserves to be reduced to the reasonable sum.
5. In the result, the appeal is allowed in part. The award dated 29.11.2006 is modified to the extent that amount of compensation of Rs.2,25,000/- is reduced to Rs.2,00,000/- together with interest as directed by the Tribunal. Record be transmitted back to the Tribunal forthwith.
