MOHAMMAD RAFIQ, J. - (1.) CLAIMANT has preferred this appeal dissatisfied with quantum of compensation of Rs. 1,00,000/ - awarded by learned Motor Accident Claims Tribunal, Kishangarh, District Ajmer, in MAC Case No. 359/2010, in a death claim of minor child, who was two years of age at relevant point of time. Prayer has been made for enhancement of compensation.
(2.) LEARNED Counsel for respondent opposed the appeal and submitted that learned Tribunal has awarded a just and reasonable compensation. This Court in a judgment deciding a bunch of 22 appeals vide its judgment dated 2nd November, 2011, leading S.B. Civil Miscellaneous Appeal No. 870/2001 - Smt. Nana Devi and Others v. Gurumel Singh and Others, considered judgments of the Supreme Court in Oriental Insurance Company Limited v. Syed Ibrahim and Others and Kaushlya Devi v. Shri Karan Arora and Others, as well as other reasoned judgments of the Supreme Court and that of this Court, and held that award of compensation of Rs.50,000/ - is just and proper for death of a child upto 5 years of age, Rs.2,00,000/ - for death of a child of more than 5 years upto 10 years of age and Rs. 2,50,000/ - for death of a child of more than 10 years but not more than 15 years of age.
(3.) .In the facts of the present case and in view of the fact that deceased child was two years of age at the time of accident, and judgment of this Court in Smt. Nana Devi (supra), the appeal deserves to be partly allowed. The award of compensation deserves to be enhanced to Rs. 1,50,000/ -.;