Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 2975 of 2013
Appellant :- Shri Pal And Another
Respondent :- Rakesh Kumar Singh And Another
Counsel for Appellant :- Ram Singh
Hon'ble Saral Srivastava,J. Order on Order Sheet.
Notices were sent to respondent nos. 1 and 2 by registered post.
Perused the office report dated 20.12.2018 which states that neither the undelivered cover nor any acknowledgement due has returned after service of notice nor anyone has put in appearance on behalf of respondent nos.1 and 2. The service of notice upon respondent nos.1 and 2 is deemed to be sufficient.
Order on Appeal.
Heard learned counsel for the appellants.
The present appeal has been filed by the claimants/appellants for enhancement of compensation.
The claimants/appellants instituted the present claim petition claiming compensation of Rs.8,20,000/- for the death of a boy of 15 years namely, Sanjay Kumar. Tribunal by award dated 03.08.2013 has awarded Rs.1,52,000/- as compensation to the claimants/appellants.
Learned counsel for the claimants/appellant has contended that Division Bench of this Court in the case of Nagma Bano Vs. Harish Chandar Gupta and Others, 2017(1) AICC 692 in the case of a child of three years has enhanced the compensation from Rs.1,27,500/- to Rs. 5,00,000/-. He further contends that present controversy is also covered by the judgment of this Court in the case of Nagma Bano (Supra) and claimants/appellants are entitled for enhancement of compensation upto Rs.5 lakh.
I have considered the arguments advanced by the learned counsel for the appellants and perused the record.
Be that as it may, admittedly, the deceased was 15 years old boy. This Court in the case of Nagma Bano (Supra) has enhanced the compensation upto Rs.5 lakh in the case of a child aged about three years. Thus, following the judgment of this Court in the case of Nagma Bano (Supra), this Court is of the opinion that compensation awarded to the claimants/appellants be enhanced from Rs.1,52,000/- to Rs. 5 lakh.
The enhanced amount of compensation shall carry 7% interest from the date of institution of claim petition.
For the reasons given above, the appeal is partly allowed and award of the Tribunal is modified to the extent indicated above. The insurance company is directed to pay the enhanced amount of compensation to the claimants/appellants within a period of three months. There shall be no order as to costs.
Order Date :- 21.12.2018 Sattyarth