LAWS(DLH)-2012-5-167

SURESH CHAND Vs. RAM PAL YADAV

Decided On May 10, 2012
SURESH CHAND Appellant
V/S
RAM PAL YADAV Respondents

JUDGEMENT

(1.) The Appellants who are the parents of deceased Manoj Kumar, a minor child of 13 years and a student of 6th standard, seek enhancement of compensation of Rs. 52,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for his death in a motor accident which occurred on 17.12.1994.

(2.) The Claims Tribunal after relying on judgment of various High Courts opined that the compensation of Rs. 50,000/- is just and reasonable compensation for death of a child. The Claims Tribunal added Rs. 2,000/- towards funeral expenses to grant an overall compensation of Rs. 52,000/-.

(3.) It is urged by the learned counsel for the Appellants that the Appellants are entitled to compensation of Rs. 3,75,000/- on the basis of the Supreme Court judgment in R.K. Malik v. Kiran Pal, 2009 8 Scale 451.