SUMANBEN GANPATSINH ZALA Vs. VINODBHAI JAYANTIBHAI SONI

JUDGEMENT

(1.) Appellants are original claimants, whereas respondents are original opponents in Motor Accident Claims Petition No. 98 of 1994, preferred by the appellants being parents for death of their child Kalubhai aged 4 years. The opponents are driver, owner and insurer of the vehicle in question which resulted into such unhappy incident of death of minor child of appellant. The appeal is mainly for quantum of compensation. Since victim is minor aged 4 years, there is no question of attributing negligence of the victim and when nature of accident is such, wherein Jeep was dashed with the victim as a pedestrian, there is no issue regarding liability of opponent so also insurance company. Therefore, only question needs to be answered in this appeal is with reference to the amount of Rs.50,000/ - as compensation awarded by the impugned judgment that whether it is just and reasonable compensation for death of a child of 4 years or not.

(2.) Therefore, we have to scrutinize the available evidence and principle of awarding compensation in the case of minor child aged 4 years in this appeal.

(3.) The scrutiny of evidence makes it clear that, as aforesaid, there is no issue regarding liability of opponent being driver, owner and insurer of Jeep bearing No. GJ 17 A 8305 when it has dashed with the victim on 06.12.1993 which resulted into fatal injuries to the victim, who died on the spot.