DINESH KUMAR Vs. PREM SINGH

JUDGEMENT

(1.) Heard Shri Ram Singh, learned counsel for the appellants, Sri Sushil Kumar Mehrotra, learned counsel for the respondents and perused the judgment and order impugned.

(2.) This First Appeal From Order has been filed under Sec. 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellants being aggrieved by order dtd. 25/5/2002 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Fatehpur in M.A.C.P. No.173 of 1997 awarding sum of Rs.71,000.00 with interest at the rate of

(3.) This is a claimants' appeal claiming enhancement for the death of child who was eight years of age at the time of death. Learned counsel for the appellant has submitted that in the year 1997, normally the amount awardable to the child would be at least Rs.1,56,000.00 and has relied on the decisions of this Court and Apex Court in Kishan Gopal and another v. Lala and others, 2013 (101) ALR 281 (SC) = 2013 (131) AIC 219 = 2014 (1) AICC 208 (SC) and Manju Devi's case, 2005 (1) TAC 609 = 2005 AICC 208 (SC) relied by this Court in its recent decision of this Court in United India Insurance Company Limited. Vs. Mumtaz Ahmad and Another, 2017 (2) AICC 1229 wherein this Court held as follows: "6. Sri Ram Singh has heavily relied on the decision in the case of Kishan Gopal and another v. Lala and others, 2013 (101) ALR 281 (SC) = 2013 (131) AIC 219 = 2014 (1) AICC 208 (SC) and Manju Devi's case, 2005 (1) TAC 609 = 2005 AICC 208 (SC). It goes without saying the notional figure fixed by the Apex Court since Manju Devi's judgment has been consistently Rs.2,25,000.00 for children below the age of 15 years. I think that is just and proper and hence, the amount requires to be enhanced from Rs.1,57,000.00 to Rs.2,25,000.00 with 6% be recovered from the owner. The appeal is partly allowed. The cross-objection is also partly allowed."