NAGAR MAL MISHRA Vs. LAL CHAND

JUDGEMENT

(1.) A claim petition was filed before the learned Motor Accidents Claims Tribunal, Ajmer, by the appellants on account of the death of their son, Anil Kumar, in a motor accident on 15.7.1986 on Beawar -Ajmer road. The deceased, Anil Kumar was going from Ramganj to Ajmer on his bicycle on his correct side, suddenly a truck No. RSZ 5657 being driven rashly and negligently by its driver, respondent No. 2, came from behind and hit Anil Kumar due to which he died at the spot. The appellants claimed a sum of Rs. 2,50,000/ - as compensation. The res pondent No. 2 did not appear before the Tribunal and ex pane proceedings were taken against him. Respondent No. 1, the owner of the truck and respondent No. 3, the insurance company with whom the truck was insured, contested the claim petition and filed their replies. Two witnesses, Nagar Mal, PW 1, and Rod Mal, PW 2, were examined on behalf of the appellants. No witness was examined on behalf of the opposite party. The learned Tribunal decided all the issues in favour of the appellants and a sum of Rs. 80,500/ - has been awarded as compensation along with interest at the rate of 4 per cent per annum, Being aggrieved and dissatisfied of the amount of the award and the interest, claimants have preferred this appeal for the enhancement of the compensation.

(2.) I have heard the arguments of both the sides.

(3.) IN the case of Haji Zainullah Khan (Dead) by L.Rs. v. Nagar Mahapalika, Allahabad 1994 ACJ 993 (SC), the Supreme Court has awarded a compensation of Rs. 1,50,000/ - on the death of a 20 -year old student of B.Sc. First Year with bright future in the accident in which he was hit by a truck. On the analogy of this decision of the Apex Court, I feel inclined to hold that the appellants are entitled to a total compensation of Rs. 1,50,000/ - for the death of 17 -18 years old student, Anil Kumar, who was good at study and was with a bright future. Therefore, the amount of compensation of Rs. 80,500/ - awarded by the learned Tribunal is required to be enhanced to a total sum of Rs. 1,50,000/ -. The learned Tribunal has allowed the interest at the rate of 4 per cent per annum. This is inadequate and is required to be enhanced. The appellant has claimed a rate of interest at 12 per cent per annum. I think it is reasonable and adequate. Therefore the rate of interest should be enhanced to the rate of 12 per cent per annum from the date of filing of the petition before the learned Tribunal.