Abdul Gani and Another vs Ms. Akhlari and Others

Nawab Singh, J.—Shakila, aged 14 years, was killed in a road accident on February 25, 2008. Her parents filed claim application u/s 166 of the Motor Vehicle Act (for short "the Act") before the Motor Accident Claims Tribunal, Nuh (for short "the Tribunal"). The Tribunal awarded a sum of Rs. 2,00,000/- along with pendent lite and future interest at the rate of 6% per annum.

Parents of Shakila are in appeal before this Court seeking enhancement. In Manju Devi and Another Vs. Musafir Paswan and Another , Hon''ble Supreme Court awarded compensation of Rs. 2,25,000/- on account of death of a child aged 13 years. As per Second Schedule to the Act, for a child of 14 years of age, a multiplier of 15 would have to be applied. Since the child was non-earning, a sum of Rs. 15,000/- is taken as annual income. Thus, the compensation comes to Rs. 2,25,000/- (Rs. 15,000 x 15=2,25,000/-) and the amount of compensation is enhanced accordingly. The interest on the enhanced amount of Rs. 25,000/- shall be paid from the date of filing claim application till the amount was deposited by the insurance company under the impugned Award at the same rate of interest as was awarded by the Tribunal.