SANTOSH KUMARI Vs. RAJIV KUMAR

JUDGEMENT

(1.) Present appeal for the enhancement of the compensation under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant - claimant against the judgment and award dated 05.09.2009 passed by the Motor Accident Claims Tribunal, Lakhimpur Kheri in Motor Accident Claim Case No.71 of 2008 (Smt. Santosh Kumari and another vs. Rajiv Kumar and another).

(2.) Brief facts of the case are that on 07.02.2008 at about 1.30 p.m., Sri Manoj Kumar was coming back to his house after Darshan of Devkali Temple on his cycle. A Truck No.U.P. 31-A 1427 was coming behind him. The Truck dashed him. Sri Manoj Kumar had fallen down and died on the spot. The deceased was aged about 17 years and a student of Class IX. Immediately, FIR was lodged. The parents of the deceased have filed a Claim Petition before the Tribunal, who after considering the entire evidence, awarded a compensation of Rs.1,32,000/- along with interest @6% per annum against the insurance company - opposite party no.2. Still not being satisfied, the appellants-claimants have filed the present appeal for the enhancement of the compensation.

(3.) With this background, Sri Shashank Singh, learned counsel for the appellants submit that the compensation is meager one. The notional income of the deceased was taken @Rs.15000/- per annum and multiplier has wrongly been applied by taking the age of the parents. For the purpose, he relied on the ratio laid down in the case of Laxmi Devi and others vs. Mohammad Tabbar and Another, 2008 12 SCC 165. Finally, he made a request to enhance the compensation suitably.