VIRENDER KUMAR Vs. SATENDER KUMAR SHARMA

JUDGEMENT

(1.) THE Appellants who are the parents of deceased Baby Rekha, a minor child of 13 years and a student of 8th standard, seeks enhancement of compensation of Rs. 3,00,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal).

(2.) WHILE awarding the compensation, the Claims Tribunal held that the driving licence held by the first Respondent Satender Kumar Sharma was fake and thus held the Insurance Company liable to pay the compensation, but granted recovery rights to it.

(3.) CONSIDERING the latest judgment of the Supreme Court in R.K. Malik v. Kiran Pal, 2009 (8) Scale 451, the Appellants are entitled to compensation of Rs. 3,75,000/- i.e. Rs. 2,25,000/- on account of loss of dependency, Rs. 75,000/- towards future prospects and Rs. 75,000/- towards non pecuniary damages.