Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 955 of 2010 Appellant :- Praveen Kumar Tiwari And Another Respondent :- Ajai Kumar Singh And Another Counsel for Appellant :- Manoj Kumar Tiwari Counsel for Respondent :- Kuwar Ritesh Kumar,S.K. Mehrotra
Hon'ble Saral Srivastava,J.
Heard Sri Manoj Kumar Tiwari, learned counsel for the appellants, Sri Kuwar Ritesh Kumar, learned counsel for the respondents no. 1 and 2 and Sri S.K. Mehrotra, learned counsel for the insurance company.
The claimants are parents of one Aman Kumar Tiwari, who died in an accident on 29.7.2008.
The present appeal has been preferred by the claimants- appellants with a prayer for enhancement of compensation.
The counsel for the appellants has contended that the deceased was aged about ten years and, therefore, the award of compensation of Rs.1,27,000/- is not just and proper.
The counsel for the appellants further contended that the Division Bench of this Court in the case of Nagma Bano Vs. Harish Chandar Gupta and others, 2017(1) AICC 692 has awarded Rs.5,00,000/- in the case of death of a child of three years. The submission is that in the instant case, the deceased was aged about ten years and, therefore, the claimants are also entitled for enhancement of compensation in view of the judgment of this Court in the case of Nagma Bano (supra).
Per contra, learned counsel for the respondents submits that the deceased was a child and there was no proof of income. Thus, the compensation awarded by the Tribunal in the facts of the present case is just and proper and is not liable to be enhanced.
I have considered the rival submissions of the parties.
This court in the case of Nagma Bano (supra) has enhanced the compensation of Rs.1,27,500/- to Rs.5,00,000/- in the case of death of a child aged about of 3 years. The principles enunciated in the said judgment for enhancement of compensation is applicable in the facts of the present case. Consequently following the judgment of this Court in the case of Nagma Bano (supra), the compensation awarded by the Tribunal is enhanced from Rs.1,27,000/- to Rs.5,00,000/-. It is further provided that the enhanced amount of compensation shall carry the 7% interest from the date of institution of claim petition.
The appeal is partly allowed and the award of the Tribunal is modified to the extent indicated above. The insurance company is directed to pay the enhanced amount of compensation within a period of three months from the date of production of certified copy of this order. There shall be no order as to costs.
Order Date :- 20.12.2018 Ishan