LETHA MUNDA Vs. MAHABIR SAHU

JUDGEMENT

(1.) This appeal has been filed against the judgment and award dated 19th October, 2011 passed by the Motor Vehicle Accidents Claims Tribunal, Ranchi, in connection with Compensation Case No. 134 of 2002 whereby the Tribunal has been pleased to award a sum of Rs. 1,00,000 (Rupees one lakh) only in favour of the claimants/appellants who happen to be parents of the deceased. Facts of the case, in brief, is that Dashmi Kumari (deceased), who was a student of Class IV, sustained injuries in a road accident on 15th April, 2002 and died due to rash and negligent driving of tractor bearing registration Nos. BR 14D 5013. The incident took place when the deceased girl with her grand parent was going to attend a Mela.

(2.) It is contended on behalf of the appellants that a sum of rupees one lakh only has been awarded as compensation against death of the deceased, a 10 years old girl, who was having a bright future as she was continuing her studies. The learned Tribunal has committed error in assessing the compensation amount.

(3.) Learned Counsel appearing on behalf of the Insurance Company (respondent Nos. 2) has raised objection that considering status of the family and future of the deceased, the learned Tribunal has rightly decided rupees one lakh as compensation awarded to the claimants which is just and reasonable. Heard the Counsel for the parties and having gone through the impugned judgment, It appears that the Tribunal has not considered future prospect of the deceased girl. He has quoted para 7 of the judgment reported in 2007 (3) T.A.C. 16 (S.C.), but at the time of assessing compensation, the learned Tribunal has not applied correct view so as to arrive at a just and reasonable compensation. It is true that death of a child cannot be compensated with money, but even then reasonable compensation has to be awarded and to me the compensation awarded to the appellants does not appear to be just and reasonable and, therefore, the Insurance Company is directed to pay rupees one lakh more as lump sum amount as additional compensation to the claimant appellants within sixty days from the date of this order.