SANJIV KHANNA, J. K. MAHESHWARI
Meena Devi – Appellant
Versus
Nunu Chand Mahto @ Nemchand Mahto – Respondent
JUDGMENT :
J.K. MAHESHWARI, J.
1. Leave granted.
2. The facts relevant for disposal of the present case are that the child, namely; Bankee Bihari, aged about 12 years on the date of accident i.e. 29.7.2003, while playing in front of his house, was dashed by the Commander Jeep bearing Registration No. JH-11A 6894 and died on the way, while being taken to a hospital in Dhanbad. A Claim Petition under Sections 140, 166 read with Section 171 of Motor Vehicles Act, 1988 (for short “the M.V. Act”) seeking compensation to the tune of Rs. 2,00,000/- with interest was filed by the appellant, who is the mother of the deceased child.
3. Motor Accident Claims Tribunal, Giridih (for short “M.A.C.T.”) granted compensation to the tune of Rs. 1,50,000/- in lump sum. On assailing the inadequacy of such an award by filing Miscellaneous Appeal No. 16 of 2013, the High Court of Jharkhand at Ranchi enhanced the amount of compensation to Rs. 2,00,000/- equivalent to the value of the claim made in the Claim Petition.
4. The adequacy of grant of such compensation has been questioned by filing the present appeal, inter-alia, contending that the High Court erred in assessing the amount in the heads of “pecuniary
Nagappa vs. Gurdayal Singh and others
R.K. Malik and another vs. Kiran Pal and others (2009)14 SCC 1 – Relied [Para 4]
Kishan Gopal and another vs. Lala and others (2014) 1 SCC 244 – Applied [Para 4]
Sarla Verma & Others vs. Delhi Transport Corporation and Another (2009) 6 SCC 121 – Relied [Para 4]
Lata Wadhwa and others vs. State of Bihar and others (2001) 8 SCC 197 – Relied [Para 9]
M.S. Grewal & another vs. Deep Chand Sood & others (2001) 8 SCC 151 – Relied [Para 9]
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