RAJESHBHAI MULJIBHAI VASAVA Vs. KEHARSING BANSI BAJANIYA

JUDGEMENT

(1.) The appellants are the original claimants who have lost their minor son Jayesh, aged about 8 years in a vehicler accident, which had occurred on 27/2/2011. The Tribunal by judgment and award dtd. 11/12/2018 passed in MACP no.36/14 had granted Rs.4.00 lacs as compensation with 9% interest.

(2.) Mr. Dwivedi submits that though the learned Tribunal has referred to the judgment of Kishan Gopal & Anr. v. Lala & Ors ., (2014) 1 SCC 244, the Tribunal has not followed the same and has granted lumpsum amount of Rs.4.00lacs which is erroneous as the learned Tribunal was required to consider the case with notional income at Rs.30,000.00 and accordingly, was required to apply multiplier to assess the loss of dependency. It is stated that the claimants as parents were entitled for consortium amount which the Tribunal has failed to grant and thus, Mr. Dwivedi submits that the claimants as parents are before this Court for enhancement of the compensation money.

(3.) On behalf of Oriental Insurance Company Ltd.-respondent no.3, Ms. Juthani has supported the judgment and award and has stated that reasonable amount has been granted which should be considered as just and proper taking into consideration the age of the child of 8 years since he is non- earning member of the family and submitted that praying for compensation under conventional head as consortium money is not just and proper in view of the judgment in Meena Devi v. Nunu Chand Mahto @ Nemchand Mahto , reported in (2023) 1 SCC 204.