RAJNATH SINGH Vs. ATUL KUMAR SHARMA

JUDGEMENT

(1.) AS agreed, this appeal has been heard for final disposal.

(2.) THIS appeal is directed against the judgment and award passed in Claim Case No. 60 of 1996/21 of 1997 by 10th Additional District Judge -cum -Motor Vehicle Accident Claim Tribunal, Saran, Chapra, in which learned Tribunal has said that the amount of Rs. 50,000/ - awarded vide order dated 27.11.1997 to the claimant and received by him is sufficient compensation on the lump -sum basis as no multiplier method can be applied in such a case while considering the accident claim besides interest on the said amount @ 12% per annum.

(3.) LEARNED counsel for the appellant has contended that the present case is governed by 2nd Schedule as amended by Act 54 of 1994 with effect from 14.11.1994. It is submitted that as per the said schedule the amount of compensation would roughly come to Rs. 1,50,000/ - whereas learned Tribunal has awarded the aforementioned amount on lump -sum basis by ignoring numerous orders and decisions passed by this Court as well as by the Apex Court, wherein Rs. one iac has been awarded in case of death of a student of almost similar age. Learned counsel for the Respondents, though has cited one order which has been reported in 1998 (2) PLJR 616 in which Rs. 50,000/ - has been awarded as compensation for death of a young boy, however, he has not been able to dispute that this Court as well as the Apex Court has awarded compensation in between Rs. 65,000/ - and Rs. 1,00,000/ - in case of such death. Mr. Dwivedi, learned counsel appearing for the appellant has referred to the order of the Apex Court in the case of Rajendra V/s. Bishamber Nath & Ors., reported in (1998) 8 S.C.C. 359 in which compensation amount of Rs.48,000/ - awarded by the High Court has been enhanced by the Apex Court to Rs: one lac for the death of the student of class VIII aged about 15 years.