NEW INDIA ASSURANCE CO. LTD. Vs. YESHWANT KORGAONKAR

JUDGEMENT

(1.) Heard Shri E. Afonso, learned Counsel appearing for the Petitioner and Shri J. J. Mulgaonkar, learned Counsel appearing for the Respondent nos. 1 and 2.

(2.) The above Petition challenges the Judgment and Award dated 18.12.2007, passed by the Motor Accident Claims Tribunal, South Goa, at Margao, whereby compensation has been awarded to the Respondents to the tune of Rs.3,00,000/- with further interest at the rate of 9% per annum from the date of filing of the Claim Petition upto payment.

(3.) Shri E. Afonso, learned Counsel appearing for the Petitioner has assailed the impugned Judgment and Award essentially on the ground that the Tribunal has fixed the compensation on the basis of notional income when it is well settled, according to him, that such exercise is not applicable to the children less than ten years. Learned Counsel further pointed out that the Tribunal has based the compensation on the basis of future prospects which, according to him, is not acceptable in law. Learned Counsel further pointed out that the deceased was eight years old and, according to him, the Respondent nos. 1 and 2 were not entitled for any amount more than Rs.1,00,000/-. Learned Counsel further pointed out that the Apex Court in the Judgment in the case of R. K. Malik & anr. vs. Kiran Pal & Ors., 2009 14 SCC 1 has awarded compensation for a child less than ten years to Rs.1,05,000/-. Learned Counsel has further taken me through the Judgment of the Apex Court in the case of Lata Wadhwa & Ors. vs. State of Bihar & Ors., 2001 8 SCC 197 Learned Counsel has also relied upon the Judgment in the case of Kaushlya Devi vs. Karan Arora & Ors.,2007 AllSCR 1857 and pointed out that compensation for a child of less than eight years was awarded a sum of Rs.55,000/-. Learned Counsel as such submits that there are jurisdictional errors committed by the learned Judge whilst passing the impugned Order which calls for interference by this Court.