SOHANI DEVI Vs. SAMPATRAJ & ORS

JUDGEMENT

(1.) The appellant through the present misc. appeal is assailing the validity and propriety of judgment dated 28.01.2010 passed by the Motor Accident Claims Tribunal, Sojat (for brevity, hereinafter referred to as "the Tribunal") in M.A.C. No.75/2008 (Sohani Devi v. Sampatraj & Others), whereby, the learned Tribunal has awarded compensation to the extent only to the tune of Rs.1,00,000/- to the appellant. The present appeal is being preferred basically with a prayer for enhancement of quantum of compensation.

(2.) The facts, in short, are that Teena aged 3 years 5 months was walking down with her grand-father from his factory to home and during the way, the respondent No.1, while driving the loading Tempo No.RJ-22-G-1792, in rash and negligent, struck Teena and the said accident caused grave injury to Teena. Teena was immediately taken to the Government Hospital, Sojat, however, the efforts of the Doctors could not save the life of Teena and she died.

(3.) While praying for enhancement, learned counsel for the appellant submitted that firstly, the learned Tribunal wrongly awarded a lump-sum compensation to the tune of Rs.1,00,000/- to the claimant-appellant while ignoring the settled position of law. It is submitted that in the absence of any income of the deceased, his income should be calculated as notional income as per II Schedule of the Act of 1988. But, the learned Tribunal wrongly relied upon the judgment reported in 2008 (1) ACTC Rajasthan 289. In this regard, it is submitted that the Hon'ble Apex Court in case of death of minor awarded the compensation to the tune of Rs.2,25,000/-. Secondly, the interest at the rate of 6% is on the lower side.