ORDER :

Claimant-appellant has preferred this appeal for enhancement of the awarded amount vide award dated 26.03.2015 passed by the District Judge-III-cum-Presiding Officer, Motor Accident Claim Tribunal, Bermo at Tenughat, Bokaro in Motor Accident Claim Case No.51 of 2011.

2. I have heard the counsel for the appellant, counsel appearing for the Insurance Company and the counsel appearing for the owner of the vehicle.

3. The case arises out of motor vehicle accident, which had occurred on 14.01.2011, when the deceased Shashi Kumar Mahato was dashed by an unnumbered maruti omni van which was driven rashly and negligently by Lakshman Nayak, thereafter on the way to taking him to the hospital, the deceased died. Kasmar Police Station Case No.4 of 2011 was registered for offences under Sections 279, 304A of the Indian Penal Code. The deceased, as per the claim application, was aged about 13 years. According to the claimants they were entitled to a compensation amount of Rs.3,50,000/- along with interest.

4. The Insurance Company had appeared before the Tribunal, but did not file any written statement and was debarred from filing any written statement by order dated 14.12.2012. Opposite parties No.2 and 3 had never appeared before the Tribunal and the claim case proceeded ex-parte.

5. On the basis of the claim application, the Tribunal framed four issues, the probable translation of the said issues in English are as under:

I. Whether the claim application is maintainable in its present form?

II. Whether the claimants got valid cause of action for the present case?

III. Whether the claimants are entitled to the compensation amount claimed by them and to what extent they are entitled to get the same?

IV. Whether the claimants are entitled to get the compensation as claimed?

6. Four witnesses were examined on behalf of the claimants and several documents were exhibited, which were marked as Exhibits 1, 2, 3, ‘X’ and ‘X/1’.

7. The Tribunal, thereafter, on the basis of the evidence, has held that the accident had occurred due to rash and negligent driving of the vehicle Maruti Omni, resulting in death of the deceased Shashi Kumar Mahto. The deceased was aged 13 years at the time of accident. The vehicle was insured with the Insurance Company. Thereafter, the Tribunal awarded a sum of Rs.3,50,000/-as compensation and in addition to that has also awarded a sum of Rs.15,000/-towards love and affection as also a further sum of Rs.10,000/-towards funeral expenses. The Tribunal directed the Insurance Company to pay the aforesaid amount of Rs.3,75,000/-within 30 days from the date of the award along with interest at the rate of 8% from the date of filing of the claim application till the date of award.

8. Counsel appearing for the claimants submits that the deceased was 13 years and was having bright future, as such, the Tribunal could not have denied future prospect to the claimants. Counsel appearing for the claimants further submits that the Tribunal has erred in allowing only a meager sum of Rs.10,000/-on account of funeral expenses and a sum of Rs.15,000/-towards the loss of love and affection, which are not in consonance with the judgment of the Hon’ble Supreme Court in the case of National Insurance Co. Ltd. versus Pranay Sethi reported in (2017) 16 SCC 680. He also claims that the claimants are entitled to interest at the rate of 12% from the date of the claim application till realization.

9. Counsel for the Insurance Company submits that admittedly, when the deceased was 13 years, his income cannot be assessed nor the claimants can get any amount towards future prospect. He relied upon a judgment of the Hon’ble Supreme Court in the case of Rajendra Singh & Others versus National Insurance Company Limited & Others reported in (2020) 7 SCC 256.

10. This is an appeal by the appellant-claimant, claiming for enhancement of compensation. From the submission of the parties and from the records, it is clear that the deceased was aged 13 years at the time