(1.) These sixteen appeals give rise to common questions of law concerning the method of calculation of compensation in accident claim cases involving deaths of children in motor vehicular accidents and hence have been taken up for being decided together by this common judgment. FACTUAL MATRIX
(2.) The background facts leading to these appeals in each case may be taken note of at the outset in chronological order. Case 'A' : MAC Appeal Nos. 226/2010 & 554/2010 (In re: death of three months old child Rama Kant)
(3.) These appeals arise out of the judgment dated 16.01.2009 of motor accident claims tribunal (the tribunal) in accident claim case (Suit No. 518/1993, re -numbered as 1345/2000) instituted on 03.07.1993. The claim case had been presented by Lala Ram and Ram Sakhi (the claimants), parents of three months old child named Rama Kant who had died in the accident that occurred on 17.03.1993 involving rash driving of Maruti Van bearing No. DL 2CB 2882 (the offending vehicle), admittedly insured against third party risk with United India Insurance Company Ltd. (appellant in MAC Appeal No. 226/2010). The tribunal, after inquiry, by the impugned judgment upheld the case of the claimants that the accident had occurred due to negligent driving of the said offending vehicle by Sunil (first respondent before the tribunal). The offending vehicle concededly was registered in the name of M/s Grahlaxmi Leasing Company Pvt. Ltd. (second respondent before the tribunal), it admittedly having given it on lease for use to Chetan Malhotra (appellant in MAC Appeal No. 554/2010), he having been impleaded as fourth respondent before the tribunal. It awarded compensation in the sum of 3,75,000/ - on account of death of the child with interest at 7.5% per annum from the date of filing of the petition till realization, and is doing so following the method of calculation of compensation adopted by the Supreme Court in R.K. Malik vs. Kiran Pal 2009 (14) SCC 1 and decision of a learned Single Judge of this Court in National Insurance Company Ltd. vs. Farzana 2009 ACJ 2763.
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