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2024 Supreme(P&H) 412

ALKA SARIN
Mahavir Singh – Appellant
Versus
Vinod Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. Dheeraj Narula, Advocate
For the Respondent:Mr. D.K. Dogra, Advocate, Mr. Vipul Sharma, Advocate as amicus curiae.

JUDGMENT :

ALKA SARIN, J.

1. The present appeal has been preferred by the claimant-appellants challenging the award dated 12.04.2012 passed by the Motor Accident Claims Tribunal, Sirsa. The appeal preferred by the owner of the vehicle being FAO No.5641 of 2012 has been allowed by an order of even date.

2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.

3. Learned counsel for the claimant-appellants would contend that the deceased in the present case was a 10 years’ old child and a lump-sum amount of Rs.3,70,000/- has been awarded along with interest @ 9%. The learned counsel would further contend that the said amount is on the lower side. The learned counsel has relied upon the judgment of the Hon’ble Supreme Court in the case of Kishan Gopal & Anr. Vs. Lala & Ors. [2013 (4) RCR (Civil) 276] wherein the notional income of a 10 years’ old child was assessed as Rs.30,000/- per annum. The learned counsel has also relied upon the judgments of the Hon’ble Supreme Court in the cases of Sarla Verma Vs. Delhi Transport Corporation [2009 (3) RCR (Civil) 77]; National Insurance Co. Lt

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