NATIONAL INSURANCE CO LTD Vs. GAJE SINGH

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby the compensation of Rs. 37,10,000/- has been awarded to respondent Nos.1 and 2. The appellant seeks reduction of the award amount. The accident dated 8th February, 2001 resulted in the death of Saurabh Chauhan. The deceased was aged 11 years at the time of the accident and was a student of 5th standard. The deceased was survived by his parents who filed the claim petition before the Claims Tribunal. The Claims Tribunal awarded Rs. 37,10,000/- to the claimants.

(2.) The learned counsel for the appellant has urged at the time of hearing of this appeal that the amount awarded by the Claims Tribunal is highly exorbitant. The Claims Tribunal has assumed the income of Rs. 30,000/- in respect of the child without any basis.

(3.) The father of the deceased appeared in the witness box as PW-1 and deposed that the deceased was a brilliant student of 5th standard of D.L.D.A.V. Model School, Shalimar Bagh, Delhi. The report cards of 3rd and 4th standard were proved as Ex.PW1/2 and Ex.PW1/3. The deceased had secured 78.9% marks in 3rd standard and 80.9% marks in 4th standard. The deceased had also participated in various competitions. The merit certificates of various competitions were proved as Ex.PW1/4 to Ex.PW1/7. The deceased had secured 1st position in English and Hindi rhyme competition in LKG as per Ex.PW1/4 and Ex.PW1/5. The deceased had also participated in the Intra School Bournvita Quiz Contest on 31st August, 2000 as per Ex.PW1/6. The deceased had also participated voluntarily in Cancer Awareness Campaign of Cancer Aid Society as per Ex.PW1/7. PW-1, father of the deceased was working as a teacher in a government school and his wife was working with Allahabad Bank. The deceased was ambitious to become an Engineer. The elder brother of the deceased was an Engineering student.