VINODBHAI ALABHAI PARMAR Vs. DRIVER

JUDGEMENT

(1.) The present claim petition has been preferred by the claimants for enhancement of the compensation amount.

(2.) The brief facts are that, on 09.12.1992 at about 5.20 p.m., son of the applicants namely Vinod was going on scooter bearing registration No.GQB -5559 of his friend Kaushal by sitting as a pillion rider from their society to market. When they reached near the Sardar Baugh, opponent No.1 was coming from Sardar Baugh by driving his truck bearing registration No.GQB -5559, the truck was driven in rush and negligent manner and at an excessive speed. Truck dashed with the scooter and caused accident. In this accident, son of applicants had sustained serious injuries on his person. He was admitted in the hospital, where he succumbed to the injuries on the same day and later on scooter driver has died because of this accident.

(3.) During the course of arguments, learned Counsel for the appellant has referred to a decision passed by this Court in the case of Shaileshkumar shantilal gandhi and Anr. Versus Sunil babulal dixit and Ors. reported in 2013 (3) GLR Vol.53 (3) wherein it has been held that the compensation amount for children between age group of 5 to 10 years should be Rs.1.5 lakh to which conventional amount or Rs.50,000/ - is required to be added. In para Nos.10 and 11 is reproduced as under: -