ARUN KUMAR DUBEY Vs. KU. RENU GUPTA

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants against the award dated 28th February 1989 passed by the Motor Accident Claims Tribuntli, Gwalior. It is not in dispute that on 21.6.1987 in the motor -accident a child by name Soni alias Prafulla Kumar aged between 5 to 6 years died. The Claims Tribunal has awarded compensation in the sum of Rs. 28,000/ - with 12 percent interest per annum payable thereon. The learned counsel for the claimants in this appeal, seeks only enhancement of the amount of compensation.

(2.) THE learned counsel contends that by the amendment of section 92 -A of the Motor Vehicles Act, 1939 the amount of interim compensation was increased from Rs. 15,000/ - to Rs. 25,000/ -. The interim compensation payable in the case of death has now been increased to Rs. 50,000/ - under Motor Vehicles Act, 1988.

(3.) THE learned counsel for the claimants then placed reliance on a decision of Rajasthan High Court reported in 1986 ACJ 1121 (Hassa Mal v. Jatti Ram) where adopting multiplier of 20 compensation in the sum of Rs. 48,000/ - was awarded. Reliance is also placed on an unreported decision noted in 1987 (II) MPWN 188 (Saraswati Bai v. Damodar Prasad) where a child of 7 years was awarded compensation of Rs. 50,000/ - as his father was a dumb person which was taken to be an extra -ordinary circumstance.