BRIJ MOHAN Vs. ABDUL AZIZ

JUDGEMENT

(1.) Both the appeals being CMA No. 267/1999 (Claim Case No. 479/1992) and CMA No. 243/1999 (Claim Case No. 396/1992) have been filed by the dependents of deceased and injured respectively for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 25.3.1996 whereby a sum of Rs. 84,000/- was awarded by way of compensation to the dependents of deceased Ramesh Chand in claim case No. 479/1992 and Rs. 13,000/- was awarded by way of compensation to the injured-appellant for 11.05% disability caused in the accident to the injured-appellant in Claim Case No. 396/1992.

(2.) The challenge in the appeal pertains to quantum of compensation only. CMA No. 267/1999

(3.) Learned counsel for the appellant submits that the dependents are the parents of deceased Ramesh Chand, aged 20 years who died on account of injuries sustained in the accident and that he was running a Tent House and was earning Rs. 3000-3500 per month but the learned Tribunal has awarded compensation on lower side and that deserves to be enhanced to Rs. 2,25,000/- equivalent to death of a child of 18 years of age in view of decision of this High Court in Smt. Malti and 52 ors. v. M.K. Vasu, 2008(1) WLC (Raj.) 589, based on the ratio indicated by the Apex Court in New India Assurance Co. Ltd. v. Satendra and ors., 2007(1) WLC (SC) Civil 196.