GUMAN SINGH, J. - (1.) WITH the consent of the parties, this appeal is being heard and finally disposed of at admission stage.
(2.) HEARD learned counsel for the parties. This appeal has been preferred on behalf of appellants-claimants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Dausa vide judgment dated 28.2.2005 whereby a sum of Rs.1,50,000/- was awarded by way of compensation on account of death of deceased Mahendra Singh, aged 16 years who was son of appellant Rameshwar Prasad in the accident. The only challenge in the appeal pertains to quantum of compensation only. Learned counsel for the appellant submits that deceased was 16 years young boy and he was student of 11th class and had a bright future but the Tribunal has awarded Rs.50,000/- which is on lower side that deserves to be enhanced. He has relied upon the Judgment of Coordinate Bench of this court reported in 2008 RAR 386(Raj.)-Malti(Smt.) and ors. Vs. M.K.Vasu and ors. whereby for death of the child of age group of 10 to 15, a sum of Rs.2,25,000/- was awarded as compensation. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference.
(3.) ON hearing rival contentions, and going through the award as also record of the case, it is revealed that deceased was 16 years of young boy and he was student of class XI and had a bright future, and in view of Judgment relied upon by learned counsel for the appellant in Malti and ors.(supra), Coordinate Bench of this court has classified the victim children in various age groups and in view of the ratio indicated by Hon'ble Supreme Court in New India Assurance Co. Ltd. Vs. Satendra & ors. [2007(1) WLC (SC) Civil 196 followed by the Judgment of this High Court in Smt.Malti & 52 ors. Vs. M.K.Vasu [2008(1) WLC (Raj.) 589, a sum of Rs.2,25,000/- deserves to be awarded. Accordingly, appeal of the appellants is partly allowed and the amount of compensation under the impugned award is enhanced from Rs.1,50,000/- to Rs.2,25,000/- from the date of appeal i.e. 28.2.2005 with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith.;