- (1.) The present appeal has been preferred seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Faridabad (in short 'MACT') vide award dated 14.12.2011. Abhishek, the son of the appellants died on 12.012011 at about 5.30 PM in a Motor Vehicular Accident due to rash and negligent driving of Xylo car bearing No. HR-38QT-7125 in the area of Faridabad. The postmortem examination on the dead body was conducted at B.K. Hospital, Faridabad. FIR No. 51 dated 12.02.2011 under Sections 279 and 304-A of the Indian Penal Code (in short 'I.P.C.') was registered in Police Station Sarai Khawaja.
(2.) The appellants, parents of the deceased child, prayed for grant of compensation to the extent of Rs. 10 lacs for loss of their only child aged about 3 = years. The learned Tribunal awarded compensation to the tune of Rs. 2,50,000/- under the following heads:- i) Pecuniary compensation Rs. 1.5 lacs ii) Non-pecuniary damages towards pain and suffering Rs. 55,000/- iii) Damages on account of future prospects Rs. 40,000/- iv) Funeral expenses Rs. 5,000/-
(3.) Counsel for the appellants contends that the compensation awarded by the Tribunal is on lower side and liable to be enhanced. In support of his contentions, he has referred to judgment of Hon'ble the Supreme Court of India in Kishan Gopal and another v. Lala and others, 2014 173 PunLR 276. He has further relied upon the judgment of the Delhi High Court in Jitender Kumar & another v. Oriental Insurance Co. Ltd. & another, 2010 ACJ 242.;