SURESH BAIRWA Vs. DHARAMVEER SHARMA

JUDGEMENT

(1.) Having lost a child of about 7 years in a vehicular accident, the appellants-claimants had filed a claim petition before the Court of Motor Accidents Claim Tribunal, Jaipur Distt. Jaipur (for short the 'Claims Tribunal') vide award dtd. 2/5/2016, the Claims Tribunal had granted an award of Rs.2,00,000.00 to the claimants appellants. However, the claimants appellants have filed the present appeal for enhancement of award amount.

(2.) Learned counsel for the claimants-appellants have submitted that in the case of Kishan Gopal and Anr. vs. Lala and Ors. (2014) 1 SCC 244, the Apex Court had also dealt with a case of death of a 10 years old child namely, Tikaram. The Apex Court was of the opinion that even in the case of death of a child, the learned Tribunal must take his notional income into account while assessing the loss of dependency of the parents. Moreover, instead of taking the notional income as Rs.15,000.00, the Apex Court had taken the notional income as Rs.30,000.00 considering the fact that the value of Rupee has been declining over the years. Therefore, according to the leaned counsel, the Claims Tribunal was not justified in ignoring the notional income, and in giving a lump sum amount to the appellants.

(3.) On the other hand, leaned counsel for the Insurance Company has contended that the deceased was six years old girl studying in class first and the claimants are parents. The Claims Tribunal while deciding issue No.3 relating to quantum awarded compensation of Rs.2,50,000.00 considering the law laid down by this Court in the case of Nana Devi (Smt.) and Ors. vs. Gurumel Singh and Ors., reported in 2012 1 MACT (Raj.) 286.