MANDIP KAUR Vs. KARAMJIT SINGH AND OTHERS

JUDGEMENT

(1.) Learned counsel appearing for the appellants at the very outset has contended that inadequate compensation has been awarded by the tribunal while passing its award dated 19.11.2008 which is liable to be enhanced on account of the death of Gulshan Kumar, aged 11 years in a motor vehicular accident. For the facility of reference, it would be appropriate to reproduce the operative part of award dated 19.11.2008 passed by the tribunal, which runs as under :-

(2.) Having heard learned counsel for the parties and going through the submissions made by the learned counsel for the parties, the ends of justice would be amply met, if the amount of compensation of 1,50,000/- awarded by the tribunal is increased in lump-sum on the basis of oral as well as documentary evidence led by the parties in support of their respective contentions. I have gone through the law quoted by the tribunal laid down in the case of Manju Devi and another v. Masafir Paswan and another, 2005 ACJ 99, wherein death of a boy of 13 years of age had taken place in road side accident and their Lordships of Hon'ble the Supreme Court enhanced the amount of compensation to Rs. 2,25,000/- by assessing notional income for a non-earning person and also adopting a multiplier of 15.

(3.) Since the vehicle in question has been held to be insured with the Insurance Company by the tribunal, the present appeal is disposed of with a direction to the respondent-Insurance Company to pay enhanced amount of compensation to the appellants within 45 days from the date a certified copy of this order is received. The enhanced amount shall be over and above the amount awarded by the tribunal. The appellants shall not be entitled to any interest on the enhanced amount of compensation, if it is paid within the period as specified above. If Insurance Company fails to pay the enhanced amount within the specified period, it shall carry interest at the rate awarded by the Tribunal from the date of filing of claim petition till its actual realization.