HAMATKHAN THAKORMIYA MALEK BHATTI Vs. NARENDRA NAGORI SAHASTRABUDHDHE

JUDGEMENT

(1.) Mr.R.M. Meena, learned counsel for the appellants. None for the respondent No.1 though served. Mr.H.S. Munshaw, learned counsel for the respondent No.2.

(2.) The appellants claimants (parents), being aggrieved by the Award dtd.11/2/1986 passed by the Motor Accident Claims Tribunal (Main), Mehsana in Motor Accident Claim Petition No.219 of 1983, are before this Court with a submission that the tribunal was unjustified in awarding a sum of Rs.25,000=00 only, in case of death of a young boy of 17 years.

(3.) Placing reliance upon the judgment of the Supreme Court 2007 (4) Supreme 29 (Kaushalyadevi Vs. Karan Arora) it is submitted by the learned counsel for the appellants that though it is almost very difficult to assess the damages in case of a child or young boy who was not employed, but the Court should apply realistic approach and award reasonable compensation. In the matter of Kaushalyadevi (supra), the age of the boy was around 14 years, the incident took place on 5/2/1997, the Supreme Court awarded a sum of Rs.1,00,000=00 and also approved the 12% rate of interest.