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2022 Supreme(SC) 1040

SANJIV KHANNA, J. K. MAHESHWARI
Meena Devi – Appellant
Versus
Nunu Chand Mahto @ Nemchand Mahto – Respondent


Advocates appeared:
For the Petitioner(s): Mr. D. P. Chaturvedi, Adv. Mr. Anuj Verma, Adv. Mr. Ramesh Kumar Mishra, AOR
For the Respondent(s): Mr. Anup Kumar, AOR Ms. Shruti Singh, Adv. Ms. Anuradha Mutatkar, AOR

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


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