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2005 Supreme(Raj) 892

S.K.KESHOTE
Shree Lal – Appellant
Versus
Surya Kant – Respondent


Advocates Appeared:
Ankur Mathur for Jai Prakash Gupta, for claimant Appellants Prem Kumar Sharma, for non-claimant Respondent No. 1 Mukesh Kumar Verma, for Non-claimant Respondent No. 2, the Rajasthan State Road Transport Corporation, Jaipur

Honble KESHOTE, J.–Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal.

(2). This appeal, under Section 173 of the Motor Vehicles Act, 1988, is directed by the claimant appellants against the award, dated 1.6.2001, of the learned Motor Accident Claims Tribunal, Hindaun City, in Claim Case No. 38/1999. Under the impugned award the learned Tribunal awarded a sum of Rs. 74,000/- as compensation in favour of the claimant appellants for the death of Master Arun Kumar in the motor vehicle accident took place on 4.2.1999.

(3). Master Arun Kumar was the student of Class 1. He was aged 7 years. In the case of death of a child of the age of 8 years, this Court in S.B. Civil Miscellaneous Appeal No. 36/2000 awarded a sum of Rs. 1,50,000/- as compensation in favour of the claimants.

(4). The learned counsel for the claimant appellants, relying on the decision of the Honble the Supreme Court in Manju Devi & Another vs. Musafir Paswan and Another {2005 (1) T.A.C. 609 (S.C.)}, submitted that in the case of death of a child the amount of compensation is to be awarded after taking his income at Rs. 15000/- per annum, as per the Second Schedule to the Motor V









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