DHARAMPAL Vs. NARESH KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the appellant-claimant under section 173 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as the 'said Act') seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Kishangarhbas, District-Alwar,vide the award dated 9.8.1997 in claim petition No.81 of 92, whereby the Tribunal has awarded compensation to the tune of Rs.25,000/- with interest at the rate of 10% per annum from the date of application till its realization for the death of Manoj Kumar, son of the appellant.

(2.) It has been sought to be submitted by learned counsel Ms Usha Chauhan for the appellant that the deceased Manoj Kumar, son of the appellant was aged about 6 years at the time of the accident which took place on 13.7.1992 and the Tribunal has awarded very meagre compensation of Rs.25,000/- which needs to be enhanced appropriately in view of the judgment of this court in the case of Kailash vs Oriental Insurance Co. Ltd., 2008 LawSuit(Raj) 680 and unreported judgment in the case of Smt. Nana Devi and ors vs. Gurumel Singh and ors (S.B.Civil Misc.Appeal No.870 of 2011 and ors decided on 2.11.2011.

(3.) However, learned counsel Mr. Sharma appearing for the respondent Insurance company has submitted that there could not be any straight jacket formula for awarding compensation for the death of young boy and considering the date of accident, the amount awarded by the Tribunal is just and proper which needs to be confirmed.