UNITED INDIA INSURANCE CO LTD Vs. PRIYANK

JUDGEMENT

(1.) CLAIMANTS Priyank and Gopal, have filed appeal No. 137/2006 for enhancement of the compensation awarded by the award dated 25 -7 -2005 passed by Judge, Motor Accident Claims Tribunal Jaipur Bench and Essential Commodities Act, Jaipur City Jaipur in MACT case No. 453/2004, whereas the United India Insurance Company has filed the appeal No. 2456/ 2006 against the award of Rs. 4,57,839/ - to the claimants Priyank and Gopal for the death of their uncle Rajesh.

(2.) THE facts have been set out in the impugned judgment and hence l am not repeating the same here except wherever necessary.

(3.) IT may also be mentioned that claimants Priyank and Gopal, earlier have also filed appeal No. 85/2006 against the common award dated 25 -7 -2005 in Claim Case No. 458/04 for the death of their uncle's son Vivek aged 4 year. The co -ordinate Bench of this Court in S. B. Civil Misc. Appeal No. 85/2006 passed the following order : "This appeal has been preferred against the award dated 25 -7 -2005 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur in Claim petition No. 458/04 (1902/ 01) whereby a sum of Rs. 50,000/ - has been paid as compensation on account of death of a boy aged 4 years in a vehicular accident on the ground that the award passed by the Tribunal is not justified as this Court in a number of appeals has awarded a sum of Rs. 1,00,000/ - and Rs. 1,80,000/ - as compensation to the claimants parents wherein the de - ceased victim was in between the age group of 1 to 5 years and 5 to 10 years, respectively. Heard learned counsel for the parties and perused the record. The arguments projected by learned counsel for the appellants is based on the judgment of this Court. While dealing with number of appeals where the victim children were of age group of 1 to 5, 5 to 10 and 10 to 15 years, this Court considering the judgment delivered by the Supreme Court in the case title Lata Wadhwa and others v. State of Bihar and others, reported in 2001 ACJ 1735, and relying upon the judgment delivered by the Supreme Court in case title New India Assurance Co. Ltd. v. Satender and Ors. reported in 2007 (1) TAC 11 (SC) and case title State of Haryana and Anr. v. Jasbir Kaur and Ors. 2003 (7) SCC 484, has determined the just compensation. Learned counsel for the appellants has drawn the attention of the Court upon the judgment delivered by the Supreme Court in Lata Wadhwa's case (supra), emphasizing that the ratio of this judgment may be made applicable for determining compensation. The Court has already rejected its application for determining the compensation in the cases arising out of motor accident in the judgment delivered in bunch of appeals. However, in Smt. Malti & others v. M.K. Vasu and others (S.B. Civil Misc. Appeal No. 768/99 along with 52 similar appeals) decided on 25 -5 -2007 this Court relying upon the judgment of the Supreme Court delivered in New India, Insurance Company v. Stender (supra) has disposed of the appeals holding the claimants entitled to the following compensation : 1. The claimants of the victim child in the age group upto 5 years shall be entitled to compensation to a sum of Rs. One lac. 2. The claimants of the victim child in the age group of 5 to 10 years shall be entitled to a sum of Rs. 1,80,000/ -. 3. The claimants of the victim child in the age group of 10 to 15 years shall be entitled to compensation to a sum of Rs. 2,25,000/ Similar grounds were agitated by the learned counsel for the parties in number of appeals which have been decided by a common judgment dated 3 -10 -2007. Claimants -appellants are therefore held entitled to the compensation of Rs. 1,00,000% The appeal is allowed and the award is modified to that extent. Interest paid by the Tribunal is maintained."