Shailender Singh and Others vs Harender Singh and Others

Karam Chand Puri, J.

C.M. No. 26146 CII of 2014.

Along with the appeal an application under Section 5 of the Limitation Act for condonation of delay of twenty seven days in filing the appeal has been filed. For the reasons mentioned therein, the delay in filing the appeal stands condoned.

C.M. stands disposed of accordingly.

MAIN APPEAL

Shailender Singh father and Monisha mother of deceased have filed claim petition claiming Rs. 10,00,000/- as compensation on account of death of baby Nisha in a motor vehicular accident. The learned Tribunal after adjudication allowed the claim petition and granted a sum of Rs. 3,56,000/- along with interest @ 7-1/2% per annum from the date of filing the petition till realization.

The present appeal has been directed by the parents for enhancement of compensation amount.

Deceased Baby Nisha was 1-1/2 years old at the time of her death. It can be safely pointed out that no amount of compensation can console the death of 1-1/2 years old girl but it is settled principles of law that amount of compensation should be awarded in such a manner that claimant should get fair amount of compensation and it should neither be windfall nor should be on lower side.

Learned counsel for the appellants has relied decision of this Court in FAO No. 3115 of 2013 decided on 28.01.2014 titled as Vinod and another v. Nanak and others, and on the strength of the same has argued that this Court relying upon authority Kishan Gopal and Another Vs. Lala and Others, (2013) 3 ACC 878 : (2013) ACJ 2594 : (2013) 9 AD 193 : (2013) 5 CTC 212 : (2013) 11 JT 563 : (2014) 1 PLR 276 : (2013) 4 RCR(Civil) 276 : (2013) 10 SCALE 580 : (2014) 1 SCC 244 granted a sum of Rs. 5,00,000/- in respect of death of three years old daughter. So, prayer has been made for enhancement of compensation.

I have considered the said submission but do not find any force in the said submission.

So far as authority Kishan Gopal and another''s case (supra) relied upon by this Court in Vinod and another''s case (supra) is concerned, in that case deceased was a young boy of ten years and on that account Rs. 5,00,000/- were granted.

In authority Vinod and another''s case (supra) deceased was three years minor girl but in the present case, the deceased was only 1-1/2 years old and as such a sum of Rs. 3,56,000/- cannot said to be on lower side. The Tribunal has already allowed Rs. 50,000/- towards loss of love and affection and funeral expenses etc. The multiplier of 17 has been applied although the age of the parents should have been taken into account while applying the multiplier. So, in these circumstances, no case for enhancement is made out.

Consequently, the appeal preferred by the Insurance Company is without any merit and the same stands dismissed. A copy of this judgment be sent to the trial Court for strict compliance.