BIRJU Vs. LAXMAN SINGH

JUDGEMENT

(1.) THIS appeal is directed against award dated June 25, 1999 passed by MACT in Claim Case No. 16 of 1997. On February 1, 1992, Bus No. MP 15D 0258 driven rashly and negligently near Dhajrai Bridge had hit Guddi alias Dropadi, aged 6 years, resulting in her death. Claimant is father of deceased. He alleges that vehicle was being driven rashly and negligently by Driver Laxman Singh.

(2.) THESE facts have not been denied by the other side. Conclusion of the Claims Tribunal is in favour of claimant and against respondents. Ultimately, compensation of Rs. 50,000.00 has been awarded carrying interest at the rate of 12% per annum. Appellant is not satisfied with this award, therefore, it has been assailed through this appeal. It is contended that the award is grossly low and, therefore, deserves enhancement; while Shri Rakesh Jain, learned counsel for respondent 3 submits that the deceased was six year old at the time of accident, therefore, award of compensation in this case is reasonably justified, as Such, enhancement is not desirable. Giving consideration to the matter, particularly age of deceased and the manner she was crushed by the vehicle, driven rashly and negligently by its driver and loss to the family by her death, it would be just and proper to enhance the compensation to Rs. 80,000.00 (rupees eighty thousand) plus Rs. 2000.00 (rupees two thousand) towards funeral expenses, taking the total compensation to Rs. 82,000.00 (rupees eighty two thousand only).