SARDARMAL Vs. R S R T C JAIPUR
LAWS(RAJ)-2005-7-15
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on July 11,2005

SARDARMAL Appellant
VERSUS
R S R T C JAIPUR Respondents

JUDGEMENT

JAIN, J. - (1.) THIS Misc. Appeal is directed against the judgment/award dated 11. 7. 2000 passed by the learned Judge, MACT Court, Neem-Ka-Thana, Sikar in MACT case No. 111/96 wherein tribunal has awarded a sum of Rs. 94,900/- as total compensation in favour of the claimant-appellants in respect of death of Pankaj Kumar aged about 15 years who died in an accident took place on 21. 9. 96 arising out of motor vehicle.
(2.) THE facts of the case are not in dispute in between both the parties, therefore, they are not being narrated here. THE only grievance of appellants is that the adequate amount of compensation has not been awarded. He submits that this court in the case of Shobha Ram and Ors. vs. Krishna V. Kanat & Ors. (WLC 2004 (Raj.) UC 616) has awarded a sum of Rs. 1,50,000/- as compensation in respect of death of a boy aged 6 years. He submits that in that case, the tribunal awarded Rs. 30,000/- which was enhanced to Rs. 1,50,000/- by this court. He further submits that in Shanti Bai and Others vs. Charan Singh and Others (1998 (5) SCC 359) = (RLW 1999 (1) SC 90), Hon'ble Apex Court passed an award of Rs. 1,50,000/- in respect of death of a boy who was 18 years old. In that case, the tribunal had awarded compensation of Rs. 40,000/- which was enhanced to Rs. 1,50,000/ -. THErefore, the prayer of learned counsel for the appellants is that in view of the aforesaid judgments, the amount of compensation should be enhanced from Rs. 94,900/- to Rs. 1,50,000/ -. Learned counsel for the respondent No. 1 as well as respondent No. 2 have defended the award passed by the tribunal and submits that in the facts and circumstances of the case, the amount of Rs. 94,900/- awarded by the tribunal is just and reasonable. I have heard learned counsel for the parties. This court in Shobha Ram's case (supra) considered various aspects relating to quantum of compensation and thereafter enhanced the amount of compensation from Rs. 30,000/- to Rs. 1,50,000/- in respect of death of a boy of 6 years. The Hon'ble Apex Court in Shanti Bai's case (supra), also awarded Rs. 1,50,000/- by increasing the amount from Rs. 40,000/- which was awarded by the Tribunal. Therefore, in view of all the facts and circumstances of the case and the view taken by this court as well as the Apex Court in the cases referred above, I enhance the amount of compensation in the present case from Rs. 94,900/- to a lump-sum amount of Rs. 1,50,000/ -. Learned counsel for the appellants does not dispute that Rs. 94,900/- has already paid to the claimants-appellants. Respondents are directed to deposit the remaining amount of Rs. 55,100/- in the Tribunal within a period of six weeks from today along with interest at the rate of Rs. 6% per annum from the date of claim application i. e. , 5. 1. 96 till the date of deposit by the respondents. The said amount shall be kept in fix deposit in post office in the name of claimants for a period of three years. The claimants will be paid interest amount of the said FDR on quarterly basis and remaining on the maturity of the fixed deposits. No order as to costs. .;


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