CHHAGANBHAI SOMABHAI THAKORE Vs. MITESHBHAI MOHANBHAI MISTRY

JUDGEMENT

(1.) The appeal is admitted. Mr. Hemant Shah, learned advocate appearing for the New India Assurance Co. Ltd. waives service of notice of admission of the appeal. Original opponent no.1(driver of the vehicle) was already deleted before the Tribunal. Respondent no.1 herein(owner of the vehicle) is not required to be heard as the insurance company has been held liable to pay the compensation.

(2.) Dispute in this appeal is only regarding the quantum of compensation as the original claimants are dissatisfied with the compensation awarded by the Tribunal at Rs. 96,400/- as against their claim of Rs.1,50,000/- with interest from the date of claim petition.

(3.) The broad facts of the case are not in dispute. On 29th April, 1992, Sangita-daughter of the appellants herein, aged five years died in a motor vehicle accident as she was knocked down by a truck insured by respondent no.2 insurance company. Since the deceased was only five years old on the date of accident, she was obviously not earning and, therefore, Mr. Parikh for the appellant has submitted that as per the decision of the Apex Court, even where an accident has taken place prior to 1994, the amounts indicated in the Second Schedule to the Motor Vehicle Act,1988 can be taken as safe guidelines for determining the amount of compensation. It is therefore, submitted that the Tribunal ought to have awarded compensation of Rs. 1,50,000/-. Mr. Parikh submits that in fact as per the recent judgement of this Court, the amount would be much more than Rs.1,50,000/-, but he is confining the claim in the appeal to Rs. 1,50,000/- i.e. for additional amount of Rs. 53,600/- with interest thereon from the date of claim petition.