Shekar Salian and Janaki vs K. Raghavendra and The United India Insurance Co. Ltd.

S. Abdul Nazeer, J.—The appellants are the parents of Master Vivek. Master Vivek died in a motor vehicle accident occurred on 29.9.2008. The appellants filed MVC No. 144/2009 on the file of Addl. Senior Civil Judge and MACT, Udupi, seeking compensation on account of the death of their son Master Vivek. The Tribunal has awarded total compensation of Rs. 2,40,000/- with interest at 6% per annum from the date of the petition till the date of deposit. The appellants have filed this appeal seeking enhancement of compensation. Learned Counsel for the appellants/claimants contends that the child, who died in the accident was aged 12 years. He was the only son of the appellants. The Tribunal ought to have awarded atleast a sum of Rs. 5 lakhs towards compensation. In this connection, he has relied on the decision of the Apex Court in Kishan Gopal and Another Vs. Lala and Others, .

On the other hand, learned Counsel appearing for the respondent-Insurance Company has sought to justify the impugned judgment and award.

I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.

There is no dispute as to the occurrence of the accident and the liability of the respondent-Insurance Company to pay compensation. Having regard to the contentions urged, the only question for consideration is as to whether the compensation awarded by the Tribunal is adequate?

The child, who died in the accident was aged about 12 years. In Kishan Gopal''s case (supra), the Hon''ble Supreme Court was considering the grant of compensation to the appellants of a deceased boy aged 10 years. After considering the matter in detail, the Hon''ble Supreme Court has held that the appellants are entitled for compensation of Rs. 5 lakhs towards both pecuniary and non-pecuniary damages. I am of the view that the appellants are also entitled for the similar amount towards compensation.

The Tribunal has awarded a sum of Rs. 2,40,000/- which has to be deducted from the aforesaid amount and the balance of compensation payable to the claimant is Rs. 2,60,000/-. The said sum of Rs. 2,60,000/- shall carry interest at 6% per annum. In the result, the appeal succeeds and it is accordingly allowed in part. The respondent-Insurance company is directed to deposit a sum of Rs. 2,60,000/- with interest at 6% per annum from the date of the petition till the date of deposit within a period of eight weeks from the date of receipt of a copy of this order The appellants are permitted to withdraw the amount on its deposit in equal proportion. No costs.