SHYAM NARAYAN Vs. KITTY TOURS TRAVELS

JUDGEMENT

(1.) Baby Chanda aged 5 years while proceeding to her house after attending school was hit by a Maruti Van bearing No. DL-14-3212 on the road near Mohan Mandir opposite Shop No. 1, Mayapur, Phase-I at about 1.00 p.m.

(2.) I need not deal with the issue of whether Ch and a died due to the rash and negligent act of the driver of the motor vehicle or any other issue for the reason appellants, mother and father of baby Chanda, seek enhancement of the compensation awarded by the Motor Accident Claims Tribunal.

(3.) By and under the award dated 5.12.2003, a sum of Rs. 1 lac has been awarded to the appellants. While awarding sum of Rs. 1 lac to the appellants, learned MACT has held that income of the deceased child was incapable of assessment or estimation. Recognizing that every parent has a reasonable expectation of financial and moral support from his child, in the absence of any evidence led, learned MACT opined that interest of justice requires that the appellants are compensated with the sum of Rs.1. lac.