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2020 Supreme(J&K) 438

SANJEEV KUMAR
Abdul Rahim – Appellant
Versus
National Insurance Company Ltd – Respondent


Advocates Appeared:
For the Appellants:Mr. R.K.S. Thakur Advocate
For the Respondent No. 1:Mr. C.S.Gupta, Advocate

JUDGMENT

The parents of the deceased Abdul Waheed [‘claimants’] who lost his life in a motor vehicle accident, that took place on 15.03.2004 at village Batroo due to rash and negligent driving by the driver of the offending vehicle, are in appeal against the award dated 08.11.2008 passed by the Motor Accident Claims Tribunal, Ramban in file No.10/C, whereby a total compensation of Rs.2.05 lac along with pendente lite and future interest at the rate of 7.5% per annum has been awarded. The appellants seek enhancement of the compensation on the grounds set out in the memo of appeal.

2. Respondent No.1, who is represented by Mr. C.S.Gupta, learned counsel, alone has come forward to contest this appeal.

3. Since the instant appeal is only for enhancement of compensation, as such, the reference to the detailed facts of the case is obviated. The appellants have sought enhancement of compensation, inter alia, on the following grounds:

(i) That the Tribunal has not correctly appreciated the legal position i.e, assessment of compensation in case of death of a minor child. Relying upon the

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