HANUMAN SANT Vs. MADAN LAL

JUDGEMENT

(1.) IT is alleged that on 2.4.1990 at about 11.45 a.m., the deceased Ram Kishore, a young 16 -17 years old boy was going to school and he was hit by jeep RJ -14 -9211 driven rashly and negligently by its driver. As a result of the accident, the said boy died. A claim petition was preferred before the learned Motor Accidents Claims Tribunal, Jaipur, which after receiving the evidence and hearing both the sides, has awarded a compensation of Rs. 58,000/ - only. Feeling aggrieved thereby, the appellants -claimants have preferred this appeal for enhancement of the amount of compensation. From the perusal of the judgment and award of the learned Tribunal, it is evident that the deceased was 16 -17 years old and was a student of 8th standard when he died in the accident.

(2.) IN the case of Haji Zainullah Khan v. Nagar Mahapalika, Allahabad 1994 ACJ 993 (SC), the Hon'ble Supreme Court awarded a compensation of Rs. 1,50,000/ - on the death of a 20 years old student who was hit by a truck. In the case of Nagar Mal Mishra v. Lal Chand 1998 ACJ 39 (Rajasthan), on the death of a 17 -year old student of 10th standard hit by the truck, and consequently died, a total compensation of Rs. 1,50,000/ - was awarded by this Court. On the analogy of the aforesaid decisions of the Apex Court and this Court, I feel inclined to hold that the appellants are entitled to the total compensation of Rs. 1,50,000/ - for the death of 16 -17 years old student. Therefore, the total amount of compensation of Rs. 58,000/ - awarded by the learned Tribunal is inadequate and requires to be enhanced to a total sum of Rs. 1,50,000/ -.

(3.) IN the result, this appeal is partly allowed. The award of compensation of Rs. 58,000/ - is enhanced to a total compensation of Rs. 1,50,000/ -. To this extent, the award of the learned Tribunal shall stand modified.