PUTTAMMA Vs. D V KRISHNAPPA

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and Mr. H. G. Ramesh for respondent insurance company.

(2.) THE parents of one Andanaiah aged about 14 years have approached this court for enhancement of compensation granted by the Tribunal because of the death of the said boy. Andanaiah had died because of the rash and negligent driving of the driver of lorry bearing registration No. CAM 1958. The lorry ran over the deceased student on 19. 11. 1996 when he was proceeding towards his school on his bicycle. The lorry was insured with the respondent No. 2 Oriental Insurance Co. Ltd. The tribunal under the impugned judgment and award has granted compensation of rs. 1,00,000 towards loss of companionship, pain and mental agony suffered by the appellants being the parents of the deceased and Rs. 5,000 towards funeral expenses.

(3.) THE counsel for the appellants states that keeping in view the judgment of the Supreme Court in the case of Haji zainullah Khan (Dead) by L. Rs. v. Nagar mahapalika, Allahabad, 1994 ACJ 993 (SC), the Tribunal ought to have awarded compensation of at least Rs. 1,50,000 for loss of child to the family. On the other hand, Mr. Ramesh relies on a judgment in the case of General Manager, Karnataka state Road Trans. Corpn. v. Yellappa dharmoji Kittur, 1988 ACJ 556 (Karnataka ). In the latter case, this court had the occasion to deal with the grant of sation in the case of death of young chil-dren. Though the question regarding grant of compensation on account of alleged loss of dependency was negatived, this court did not say that no compensation at all can be awarded for the death of a child because of motor accident. This court has said that awards are made in such cases in merely conventional sums. Para 4 of the judgment reads as under: