KARNATAKA STATE ROAD TRANSPORT Vs. NANJAPPA

JUDGEMENT

(1.) THIS is an appeal filed by the KSRTC against the award made by the Motor Accident Claims Tribunal v. Bangalore Rural District, in M.V.C. No. 254/91 where the Claims Tribunal granted a compensation of Rs. 1 lakh for the death of a four years old girl. It is contended by the appellant that the compensation awarded is excessive. Therefore, the only question to be considered in this appeal is as to what is the compensation that should be paid in respect of death of a child aged about 4 years in a motor accident.

(2.) THE Claims Tribunal has relied upon the judgment of this Court in Bantu v. Annappa. That was a case of a boy aged about 17 years who was a diploma student and where the claimants therein had proved that they had spent considerable amount towards his studies and in that circumstance a compensation of Rs. 1 lakh was granted. Except relying upon the said judgment, the Claims Tribunal has not given any other reasons for the grant of Rs. 1 lakh as compensation.

(3.) IN Jahina Akhtar Hasmi and Ors.v. Gujar Singh and Ors. Madhya Pradesh High Court has awarded a compensation of Rs. 5,000/- as compensation for the death of a child of 12 years. In Kamta Prasad and Anr. v. Jaggan and Co. and Anr. the Allahabad High Court has granted a compensation of Rs. 30,150/- for the death of a minor girl. In Gouranga Katual v. Govinda Mohaatra and Ors. the Orissa High Court has upheld the award of Rs. 15,000/- for the death of a girl aged about 13 years. In Mohandevi and Ors. v. Mam Raj and Ors. the Delhi High Court awarded Rs. 10,000/- as compensation for the death of a girl aged about four and half years. In KSRTC v. Dharmanna and Anr. this Court in the case of death of a girl aged about 11 years working as a coolie has reduced the compensation from Rs. 64,600/- to Rs. 43,000/-. Thus it could be seen that different amounts of compensation has been awarded in respect of death of minor children and there appears to be no consistency in the quantum of compensation awarded. It will be, therefore, in the interest of all concerned that a uniform compensation is to be awarded in respect of the death of minor children aged up to 10 years, unless there are special circumstances put forth by way of evidence in a particular case.