RAMAVATI Vs. OM PRAKASH

JUDGEMENT

(1.) The only contention of counsel for appellants is that for the death of 8 years boy Kalu Ram in the accident caused by the bus No, RRB 1504 on 30.10.1988 after holding that the driver of the bus caused accident by driving it negligently and rashly and thus had put to an end blooming child, leaving the parents in perpetual grievance, the Tribunal had awarded a meagre amount of Rs. 31,000 only with the interest of 12 per cent per annum from the date of filing the application. The amount awarded has already been paid.

(2.) It is submitted by counsel for the appellants that the deceased was the only son of his parents even though there were two other daughters. Counsel for the appellants submits that the parents were having high hopes from the child, not only to help them in their old age, but also in helping them for getting the daughters married. Counsel for appellants relies on a single Bench judgment of this court in Sanwal Ram v. Mustaq Ahmad, 1999 ACJ 1001 (Rajasthan), wherein for the death of a child of 12'/2 years, who was student of class V, an amount of Rs. 1,50,000 had been awarded. Counsel for the appellants also relies on another judgment of the Madras High Court in Managing Director, Dheeran Chinnamalai Trans. Corpn. v. Thangaraju, 1998 ACJ 450 (Madras), wherein for the death of 3 years boy the compensation of Rs. 75,000 was held to be appropriate. Counsel for the appellants submits that in any case the compensation in the present case could not have been less than Rs. 1,00,000.

(3.) I agree with the submission of the learned counsel for the appellants. The Tribunal has also not given any reason whatsoever as to how the Tribunal had reached to such a conclusion in awarding the compensation. The compensation awarded by the Tribunal for the death of 8 years boy is not adequate. It is a fit case where the minimum compensation of Rs. 1,00,000 should have been awarded by the Tribunal.