RAJENDRA KUMAR PARNAMI Vs. JAGDISH DUA

JUDGEMENT

(1.) THE claimants -appellants have filed the instant civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 for enhancement of the Award dated 29.01.1998 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (for short 'the Tribunal') in MAC No. 210/1993, whereby a sum of Rs. 2,00,000/ - has been awarded as compensation in favour of the claimants -appellants.

(2.) THE main contention of the learned Counsel for the appellants is that the deceased was the only son of the claimants, who was about 17 years of age at the time of death and was the only legal heir to inherent the business run by the claimants in the name and style of 'Parnami Agarbatti'. Thus, the Tribunal has seriously erred in not considering the age and future prospects of the deceased and awarded the compensation to the tune of only Rs. 2,00,000/ -, which cannot said to be just and reasonable and required to be enhanced.

(3.) SIMILARLY in the case of Lata Wadhwa and Ors. v. : (2001)IILLJ1559SC , Hon'ble the Supreme Court has held that ''Quantum Fatal accident Principles of assessment Infant Whether a mere speculative possibility of benefit is sufficient for the parents to be entitled to compensation for the death of an infant Held: no; parents have to establish that they had a reasonable expectation of pecuniary benefit if the child had lived ''.