KAILASH AND ORS. Vs. GANPAT AND ORS.

JUDGEMENT

(1.) BY this miscellaneous appeal filed u/S.173(1) of the Motor Vehicles Act, 1988, the appellants /claimants are aggrieved by the award dated 06/03/2014 passed by Additional Member, Motor Accident Claims Tribunal, Sardarpur in Claim Case No. 38/11 awarding a sum of Rs. 1,75,000/ - to the appellant.

(2.) BRIEFLY stated, the facts of the case are that on 01/01/2011 approximately @ 6.00 pm in the evening at Dilawar Road, in front of the Brick kiln of Bharat Prajapat Bhatta, the deceased Krishna was going along with his mother to meet his aunt, when the non - applicant No. 1 Ganapat Patidar, driving the truck bearing no. MP11AB -6765 rashly and negligently dashed against them and caused severe injuries to Krishna. On account of the severe injuries, during the time of treatment, Krishna died and at the time of his death, Krishna was only 3 years old and studying in Nursery class. The appellants, the parents of the deceased, claimed that they were deprived of their child support in their old age and claimed a compensation from the respondents for a sum of Rs. 10,00,000/ -. The non -appellant no. 1, driver and non -appellant no. 2, owner denied the claim resisting that the truck was insured with respondent / non - appellant no. 3, National Insurance Company Ltd. and the company is liable to pay the claim. The respondent no. 3, Insurance Company had denied the claim on the basis that the accident did not occur due to the negligence of the driver and also denied the age of the deceased and denied the entire accident. Besides the F.I.R was delayed and the truck was driven by an unknown person and denied its liability to pay the compensation. The trial Court on considering the evidence, however, held that the respondents jointly and severally liable and ordered a sum of Rs. 1,75,000/ - be paid to the claimants. Being aggrieved by this order, the appellants / claimants have filed the present appeal stating that the award was very much meager under the circumstances that the Tribunal had failed to consider the age, future prospectus and future income of the deceased and the multiplier has also been wrongly used.

(3.) PER contra, Counsel for the respondent No. 3/insurance company has placed reliance on the judgment of the Apex Court in the matter of National Insurance Company Ltd. v. Satender and others whereby, considering the death of child around nine years, the Delhi High Court dismissed the appeal of the Insurance Company, whereby, an amount of Rs. 4,45,000/ - was awarded was upheld. The Apex Court directed that as indicated in the case of Jasbir Kaur and Others [ : 2003(7) SCC 484] whether more appropriate under the circumstances and awarded a sum of Rs. 1,50,000/ - to meet the ends of justice the Court had held thus: