SARDARMAL Vs. R S R T C JAIPUR

JUDGEMENT

(1.) THIS Misc. Appeal is directed against the judgment/award dated 11. 7. 2000 passed by the learned Judge, MACT Court, Neem-Ka-Thana, Sikar in MACT case No. 111/96 wherein tribunal has awarded a sum of Rs. 94,900/- as total compensation in favour of the claimant-appellants in respect of death of Pankaj Kumar aged about 15 years who died in an accident took place on 21. 9. 96 arising out of motor vehicle.

(2.) THE facts of the case are not in dispute in between both the parties, therefore, they are not being narrated here. THE only grievance of appellants is that the adequate amount of compensation has not been awarded. He submits that this court in the case of Shobha Ram and Ors. vs. Krishna V. Kanat & Ors. (WLC 2004 (Raj.) UC 616) has awarded a sum of Rs. 1,50,000/- as compensation in respect of death of a boy aged 6 years. He submits that in that case, the tribunal awarded Rs. 30,000/- which was enhanced to Rs. 1,50,000/- by this court. He further submits that in Shanti Bai and Others vs. Charan Singh and Others (1998 (5) SCC 359) = (RLW 1999 (1) SC 90), Hon'ble Apex Court passed an award of Rs. 1,50,000/- in respect of death of a boy who was 18 years old. In that case, the tribunal had awarded compensation of Rs. 40,000/- which was enhanced to Rs. 1,50,000/ -. THErefore, the prayer of learned counsel for the appellants is that in view of the aforesaid judgments, the amount of compensation should be enhanced from Rs. 94,900/- to Rs. 1,50,000/ -.