RADHE SHYAM Vs. VINOD

JUDGEMENT

(1.) THIS is an appeal against the award dated 22.4.1992 passed by the Motor Accidents Claims Tribunal hereinafter referred to as the 'Tribunal' awarding a sum of Rs. 25,000/ - as compensation to the appellants. Their eldest son, aged 9 years, died on 1st May 1990. The accident was with a tractor owned by respondents No. 1 and 2. This tractor was duly insured with respondent No. 3. The Tribunal came to the conclusion that the deceased died on account of rash and negligent driving of the tractor in question. Taking into consideration all relevant factors that is the age of the child who was a student, the quantum of compensation was fixed at Rs. 25,000/ -. The Tribunal also allowed interest at the rate of 12 per cent per annum. The claimants are not satisfied with the quantum of compensation. They are claiming enhancement to the extent of Rs. 50,000/ -.

(2.) COUNSEL for the Insurance Company also relied upon the decision in the case of Anjamuri George and others v. Gudala Rama Nageswara Rao and another, 1993 (II) ACC 178, where the Andhra Pradesh High Court allowed compensation of Rs. 24,000/ -. In this case, the minor's age was 14 years.

(3.) HOWEVER the learned counsel for the claimants has relied on a decision in R. Ayyayu and others v. Gopi Nathan Nair and others; 1991 (I) T.A.C. 332. In this case compensation was fixed at Rs. 46,000/ - when the child who had died in the accident was 4 years old only. What prevailed upon the Court to fix the compensation at Rs. 48,000/ - was that the Act new provides for 'no fault' liability and this has been fixed at Rs. 25,000/ -. Taking this factor into view the Court observed as under: -