LAWS(P&H)-2017-1-241

SHANTI DEVI Vs. RAKESH KUMAR

Decided On January 20, 2017
SHANTI DEVI Appellant
V/S
RAKESH KUMAR Respondents

JUDGEMENT

(1.) Claimants have filed this appeal questioning the correctness of the award passed by the Motor Accident Claims Tribunal which had allowed meagre amount of compensation for the death of their six years old daughter. The Tribunal vide its award dated 6.5.2013 had allowed Rs. 1,00,000/- along with interest @ 9% per annum.

(2.) It is not necessary to go into the facts as the only dispute is whether the amount awarded by the Tribunal was adequate. The counsel has placed reliance on 'Kishan Gopal and another v. Lata and others 2013(4) Civil Court Cases (SC) 334' and had urged that it was a case where the claimants had lost their son at the age of 10 years in a motor vehicle accident and an award of Rs. 5,00,000/- had been passed and it had been held that had the deceased been alive he would have contributed substantially to the family and he was assisting the family in agricultural occupation which was an undisputed fact and in the present case the girl was only six years, they were entitled to more compensation.

(3.) As against it respondent No. 3 had relied upon 'Amar Singh v. Ranbir Singh and others 2011(5) R.C.R. (Civil) 227'.