RAM NARESH SHARMA Vs. KISHANLAL

JUDGEMENT

(1.) IN this appeal, filed by the parents of deceased Satyendra Kumar Sharma, aged 9 years, who died in a motor accident on 7. 8. 1987, the only prayer made is for enhancement of the amount of compensation awarded by the First Motor Accidents Claims Tribunal, Gwalior, vide award dated 31. 1. 1992, in the sum of Rs. 35,000/-only.

(2.) THE learned Counsel appearing for the appellants submits that this is a case of death of a child and under the Motor Vehicles Act, 1988, brought into force from 1. 7. 1989, a minimum amount of compensation, even based on 'no fault' of the driver or owner of the vehicle, is fixed at Rs. 50,000/ -. He, therefore, requested that the amount of compensation at least in the sum of Rs. 50,000/- be awarded when, admittedly, the owner has been found at fault in this case. The learned Counsel appearing for respondent No. 4, in reply, submits that no compensation based on 1988 Act can be claimed in this case as the accident took place on 7. 8. 1987, i. e. , prior to the coming into force of the new Act.

(3.) HAVING considered the arguments and circumstances of the case and the evidence on record, we are of the opinion that the amount of compensation in this case is liable to be enhanced to make it in all Rs. 50,000/ -. In the case of death of a child, earlier there are cases giving a lump sum compensation between Rs. 30,000/-and Rs. 35,000/ -. There are, however, other cases which have been brought to our notice. The learned Counsel appearing for the appellants relied on Saraswati Bai v. Damodar Prasad 1987 ACJ 501 (MP), where, in a case of death of a child in an accident prior to 1988, compensation in the sum of Rs. 50,000/- has been awarded. There can be no hard and fast formula with regard to award of compensation in the case of death of a child. The only settled principle is that the figure should be conventional. Under the 1988 Act, the minimum compensation fixed is Rs. 50,000/-for death. That can be taken as a good guide to determine the question of compensation in the case of death of a child.